Mahesh Ganpati Bhakare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3642 OF 2025 IN CRIMINAL APPLICATION (APPA) NO. 370 OF 2019 IN CRIMINAL APPEAL NO. 698 OF 2017 Mahesh Ganpati Bhakare ... Applicant

Versus

The State of Maharashtra ... Respondent ------ Mr. Anush Shetty a/w. Mr. Rahul P.S. i/b. Dr. Yug Mohit Chaudhry for the Applicant.

Mrs. S.N. Deshmukh, A.P.P. for the Respondent-State. Officer : API R.V. Parule, Shivaji Nagar Police Station, Kolhapur. ------ Coram : R.G. AVACHAT & AJIT B. KADETHANKAR, JJ.

Date : 19th January 2026.

PER COURT :

1.

The Applicant was convicted vide Judgment and Order dated 20th April 2017 passed by the learned Additional Sessions Judge, Ichalkaranji, District Kolhapur, in Sessions Case No. 21 of 2015. Aggrieved thereby, the Applicant has preferred Criminal Appeal No. 698 of 2017 before this Court. In the said Appeal, Criminal Application No. 370 of 2019 was filed seeking 1 of

bail. By an Order dated 15th March 2019, this Court found the case of the Applicant fit for grant of bail and accordingly released the Applicant on bail, subject to certain conditions.

"1. The applicant Mahesh Ganapati Bhakare to be released on bail in the sum of Rs.1,00,000/ (Rs. One Lakh Only) with one or two sureties to make up the said amount. 2.

The applicant shall not enter into Ichalkaranji area till further orders.

3.

Before being released on bail, the applicant shall intimate the address at which, he will reside during the period that he is on bail.

4.

The applicant shall report to the nearest police station to that address once in a week i.e. on the first Monday of every week."

2.

By the present Application, the Applicant seeks relaxation of the bail condition, particularly Condition No. 2, whereby the Applicant was prohibited from entering the Ichalkaranji area until further orders. 3.

Mr. Shetty, learned counsel appearing for the Applicant, submits that the Applicant has not contravened any of the conditions imposed upon him while granting bail. He further submits that the Applicant's family resides at Ichalkaranji and that the Applicant also owns immovable property at Ichalkaranji. It is submitted that due to the prohibitory condition, the Applicant is facing serious difficulty in managing his family and personal affairs. Learned counsel reiterates that for the last seven years, the Applicant has scrupulously complied with all the conditions imposed by this Court. 2 of

4.

Learned A.P.P. opposes the Application. She submits that the Applicant has contravened the conditions imposed by this Court and, according to her, has violated every condition. However, she fairly concedes that no application for cancellation of bail has been filed by the prosecution till date. 5.

Considering the averments made in the Application, the submissions advanced by the learned counsel for the parties, and the overall facts and circumstances of the case, we deem it fit to allow the Application. Accordingly, the Application is allowed in terms of prayer clause (a). 6.

The Applicant shall, however, report once every fortnight to the nearest Police Station.

[ AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2026.01.20 10:04:24 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of