Bombaybench High Court
Case Details
1 of 6 908-ABA.132.2025IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADANTICIPATORY BAIL APPLICATION NO. 132 OF 2025VASANT DATTATRAYA PATILVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER...Mr. N. B. Khandhare h/f. Mr. Dhananjay B. Thoke, advocate for theapplicant. Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. ...WITHANTICIPATORY BAIL APPLICATION NO. 133 OF 2025GOKUL SHRAWAN MAHAJANVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER…Mr. Mukul S. Kulkarni, advocate for the applicant. Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. WITHANTICIPATORY BAIL APPLICATION NO. 136 OF 2025LALIT NILKANTH CHAUDHARI AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER…Mr. Rahul Ashok Shinde, advocate for the applicants. Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. WITHANTICIPATORY BAIL APPLICATION NO. 150 OF 2025VIJAYKUMAR KANHAILAL JAIN AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER…Mr. Dayanand S. Mali, advocate for the applicants. Mr. G. O. Wattamwar, APP for Respondent Nos.1. Tauseef
Legal Reasoning
2 of 6 908-ABA.132.2025WITHCRIMINAL APPLICATION NO. 396 OF 2025 IN ABA/133/2025AJAY BHAGWAT BADHEVERSUSGOKUL SHRAWAN MAHAJAN AND OTHERS…Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. Mukul S. Kulkarni, Advocate for Respondent No.1. Mr. S. K. Shirse, APP for Respondent Nos.2 and 3. WITHCRIMINAL APPLICATION NO. 397 OF 2025 IN ABA/132/2025AJAY BHAGWAT BADHEVERSUSVASANT DATTATRAYA PATIL AND OTHERS…Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. D. B. Thoke, Advocate for Respondent No.1. Mr. S. K. Shirse, APP for Respondent Nos.2 and 3. WITHCRIMINAL APPLICATION NO. 398 OF 2025 IN ABA/136/2025AJAY BHAGWAT BADHEVERSUSLALIT NILKANTH CHAUDHARI AND OTHERS…Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. S. K. Shirse, APP for Respondent Nos.3 and 4. WITHCRIMINAL APPLICATION NO. 474 OF 2025 IN ABA/150/2025AJAY BHAGWAT BADHEVERSUSVIJAYKUMAR KANHAILAL JAIN AND OTHERS…Mr. Chaitanya V. Dharurkar, advocate for the applicant.Tauseef 3 of 6 908-ABA.132.2025Mr. D. S. Mali for Respondent Nos.1 and 2. Mr. S. K. Shirse, APP for Respondent Nos.3 and 4. AND955 ANTICIPATORY BAIL APPLICATION NO. 183 OF 2025PAWAN NISHIKANT KOLTE (REFERRED AS PANKAJ KOLTE )VERSUSTHE STATE OF MAHARASHTRA AND ANOTHER...Patil Vinod Prakash, Advocate for ApplicantMr. S. K. Shirse, APP for Respondent-State. ...WITHCRIMINAL APPLICATION NO. 472 OF 2025 IN ABA/183/2025AJAY BHAGWAT BADHEVERSUSPAWAN NISHIKANT KOLTE AND OTHERS…Mr. Chaitanya V. Dharurkar, Advocate for Applicant……CORAM : ARUN R. PEDNEKER, J.DATE :07.02.2025P.C.:-1]Applications filed for assisting the learned APP are allowed.The learned advocate is allowed to assist the learned APP. 2]Heard learned counsel for the applicants and the learned APPfor the respondent-State and the learned advocate assisting the APP. 3]The applicants have approached this Court apprehendingarrest in connection with Crime No.0365/2024 dated 03.12.2024,registered with Ramanand Police Station, District Jalgaon, for theoffences punishable under sections 420 and 34 of the Indian PenalCode, 1860. Tauseef 4 of 6 908-ABA.132.20254]The case against the applicants is that between the period of01.09.2023 to 26.09.2023, the complainant has paid various amountsfor procuring funds from the companies (corporate socialresponsibilities funds) towards constructions of agricultural farm lakesto be constructed within the State of Maharashtra. It is stated that theinformant has paid various amounts to the V. D. Patil and SuryasinghChavan. It is stated that the informant has paid amount ofRs.20,00,000/- to Vasant Dattatray Patil in cash. It is also stated thatthe informant paid Rs.20,00,000/- through R.T.G.S. to one Mr.Suryasingh Chavan and Gold River Infra Limited. 5]Even after paying the money, the contracts were not issued tothe informant and as such complaint was made to the economicoffences wing by the informant, in pursuance of which enquiry wasconducted by the economic offences wing and ultimately the same wasclosed by holding that there was case made out only againstSuryasingh Chavan and Gold River Infra Company and directed theinformant to lodge the report accordingly. Thereafter, on 05.06.2024,the complainant filed application under Section 156(3) of the Code ofCriminal Procedure, 1973 before the Magistrate. Based on thecomplaint filed by the complainant, the Magistrate has directed toregister the FIR. In pursuance of the direction to register the FIR, thepresent bail applications are filed by the applicants for anticipatory bailapprehending arrest. 6] Prima-facie, even if I consider the case at its face value, itappears from the complaint that the amount paid is for procuringcontract from private companies and the applicants’ services areutilised as agents/liaison officers in view of their contacts with privatecompanies. Amount of Rs.20,00,000/- by cash is paid by theinformant, but there is no prima-facie evidence to substantiate theTauseef 5 of 6 908-ABA.132.2025same. The economic offences wing has conducted an enquiry and noevidence was found by the with economic offences wing to make outaforesaid offences against the applicants except the statement of theinformant that he has paid Rs.20,00,000/- in cash to the applicant-Mr.Vasant Dattatray Patil for the sanction of funds under the scheme ofCorporate Social Responsibility. The informant is a builder and a manwith business acumen. It is not expected of the informant to pay bycash huge amount without receipt of the same or an agreement dulyexecuted for the same. In absence of any prima-facie evidence showingthat payment has been made by the informant to the applicants, thisCourt holds that interim protection can be granted to the applicants,more particularly, in view of the fact that earlier also enquiry wasconducted by the economic offences wing and no material has beenfound against the applicants. 7]Considering both these aspects, interim protection is grantedto the applicant-Vasant Dattatray Patil. As regards the other applicantsare concerned, no case is made out by the informant that amounts arepaid to them. 8]The learned counsel appearing for the original informantsubmits that there is evidence on record that Suhas Bhatt and PankajNimade had travelled with the informant to various places and PankajNimade has also returned certain amount to the informant. I havealready observed above the case is based on cash transaction andpreliminary investigation is also carried out by EOW. Considering thesame all the applicants are granted interim protection. 9]In the meanwhile, there shall be interim order in thefollowing terms :- Tauseef 6 of 6 908-ABA.132.2025A]Till the next date, in the event the applicants arearrested in connection with FIR No.0365/2024 dated03.12.2024, registered with Ramanand Police Station,District Jalgaon, the applicants shall be released on bailon furnishing PR bond of Rs.20,000/- with one or twosureties in the like amount. B]The applicants shall remain present before theinvestigating as and when required by the investigatingofficer. C]The applicants shall co-operate with the investigation,including producing all documents in his possession, asmay be demanded by the investigating officer.D]The applicants shall not influence the informant,witnesses or any person concerned with the case and heshall not tamper with the evidence. 10]Needless to say, violation of any of the aforesaid conditionsmay result in this order being cancelled. 11]List on 14.2.2025. Interim protection granted today tocontinue till the next date only.(ARUN R. PEDNEKER) JUDGETauseef