Shrikant Shrikrushna Rajdev v. Ganesh Baban Gaikwad And Others

2026:BHC-AUG:633 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 399 OF 2025 Ganesh S/o Baban Gaikwad Age : 33 Years, Occu. Cricket Coach, R/o. Aasavari Building, E-Wing, Flat No. 801, Nanded City, Pune.

... Applicant

Versus

The State of Maharashtra, Through Police Inspector, Police Station, Topkhana, Ahmednagar, Tq. Dist. Ahmednagar.

... Respondent WITH CRIMINAL APPLICATION NO. 78 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 399 OF 2025 Shrikant Shrikrushna Rajdev Age : 38 years, Occu. Advocate, R/o. Vanashree, Sadhana Housing Society, Professor Colony, Savedi, Tal. and Dist. Ahilyanagar.

... Applicant [Orig. Complainant]

Versus

1.

Ganesh Baban Gaikwad Age : 33 yrs, Occu. Cricket Coach, R/o. Aasawari Building 'E' wing, Flat No. 801, Nanded City, Pune.

Tq. & Dist. Pune.

2.

The State of Maharashtra Through the Superintendent of Police, Ahilyanagar, Dist. Ahilyanagar.

3.

The In charge Investigating Officer Police Station Tofkhana, Tal. & Dist. Ahilyanagar.

... Respondents [R.No.1 Orig. Accused No.5]

-2- .....

Mr. Shrikant G. Kawade, Advocate for the Revision Petitioner. Mr. S. G. Sangle, APP for Respondent-State.

Mr. Krushna N. Bhosale, Advocate for Applicant in Criminal Application No. 78 of 2026.

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

07 JANUARY 2026 ORDER :- 1.

Criminal Application No. 78 of 2026 is filed by the original complainant praying therein to permit him to assist learned APP in prosecuting the Criminal Revision Application. For the reasons mentioned in the application, the applicant-original complainant is permitted to assist learned APP. Criminal Application No. 78 of 2026 is accordingly disposed off.

2.

Instant revision application is for relaxation of condition imposed by learned Additional Sessions Judge, Ahmednagar by order dated 01.01.2025 in Criminal Bail Application No. 1510 of 2024 while granting anticipatory bail to the revision petitioner. 3.

Learned counsel submitted that, crime came to be registered at Ahmednagar police station bearing No. 1152 of 2024 for offence under Sections 420, 406, 504, 506 r/w 34 of IPC and under Section 3

-3of MPID Act. He submitted that, applicant is arraigned as accused no.5. That, there is false implication merely because applicant is brother-in-law of main accused. Therefore, he applied for grant of anticipatory bail vide Criminal Bail Application No. 1510 of 2024 and on merits, learned trial court was pleased to allow the application by imposing conditions like attending police station every Monday and Thursday till filing of charge sheet.

4.

It is further submitted that since grant of bail, applicant is regularly attending police station without any breach. That, in fact, applicant resides at Pune and is serving and earning at Pune itself. Since then he is attending police station at Ahmednagar but no effective inquiry is made with him. That, he is finding it difficult to regularly attend police station on every Monday and Thursday. That, sufficient time has lapsed since grant of anticipatory bail and there are no immediate prospects of charge sheet being filed. Hence he urges for relaxation of condition, i.e. to attend police station on every Monday and Thursday. He submits that applicant be made to attend police station once in a month in stead of twice in a week. 5.

Learned APP as well as learned counsel for original complainant have both opposed relaxation. It is pointed out that,

-4investigation is still incomplete and moreover applicant is not cooperating the in the investigation.

6.

After considering above submissions and on going through the papers, there is no dispute that in consequence to registration of crime, Criminal Bail Application No. 1510 of 2024 was filed by present revision petitioner for grant of anticipatory bail. It seems that after hearing prosecution, learned trial judge was pleased to allow the application by order dated 01.01.2025 by imposing conditions, including attending police station on every Monday and Thursday between 11.00 to 01.00 p.m. till filing of charge sheet. Now it is submitted that, almost a year has lapsed since then and applicant is regularly attending police station on the said days of the week but no effective investigation is made with him and moreover, he is arraigned as accused no. 5 only.

7.

True it is that, order of grant of bail is of 01.01.2025 and it is almost a year back. Title clause shows that applicant is resident of Pune whereas, he is made to attend police station at Ahmednagar. Therefore, instead of attending police station twice every week, applicant can be made to attend police station once a week. Hence, following order :

-5ORDER I.

The Criminal Revision Application is partly allowed. II.

The order dated 26.06.2025 passed by learned Additional Sessions Judge, Ahmednagar in Criminal M.A. No. 82 of 2025 is hereby quashed and set aside.

III.

The condition vide clause (iii) of para 2 of the operative part of the order dated 01.01.2025 passed by learned Additional Sessions Judge, Ahmednagar in Cri. Bail Application No. 1510 of 2024 is hereby modified to the following effect :

"iii) Applicant/accused shall attend concerned police station on every Monday between 11.00 a.m. to 01.00 p.m. till filing of the charge sheet."

IV.

Liberty is granted to the applicant to renew prayers for further relaxation after six months.

V.

Revision and application is disposed off accordingly. [ABHAY S. WAGHWASE, J.] vre