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Bombay High CourtBA/3884/2025allowed

Vishal Shivabhai Parmar v. State Of Maharashtra

2025-10-10Hon'Ble Justice Dr. Neela Kedar Gokhale6 pages

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3884 of 2025 Vishal Shivabhai Parmar ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Neeraj Yadav, i/b S.R.Dhakkad, for the Applicant. Ms Megha S Bajoria , APP for the Respondent-State. Mr. Sunil Sonawane (Pairavi), PSI attached to Charkop Police Station present.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Applicant seeks his release on bail in connection with C.R.No.255 of 2024 dated 1st May 2024 registered with the Charkop Police Station, Brihanmumbai City for the offences punishable under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 ('IPC' for short). 2.

The facts of the case, in brief, are that:

2.1 The Complainant and his wife were joint owners of a flat. The wife herself is an accused in the present C.R. On 20th November 2023, the Complainant found a copy of special power of attorney purported to be registered at the office of the Joint Sub-Registrar, Borivali, Mumbai on 7th June 2023 bearing registration no.12402/1/20/2023, authorizing the attorney to execute mortgage, etc., on behalf of the Complainant. The Complainant also found some biometric photographs of another person, false signatures and thumb impressions bearing the seal and signatures of the SubRegistrar. It later transpired that the Applicant, the wife of the Complainant and co-accused had prepared and submitted these fake letter-heads of the society and had got sanctioned a huge amount and overdraft loan from the Canara Bank to them. The allegation against the Applicant is that he conspired with the Complainant's wife and co-accused to siphon off the said money. Consequently, the FIR came to be registered.

3.

The Applicant made a bail application before the Trial Court but by order dated 16th September 2025, the said application came to be rejected. Hence, he has filed the present Bail Application.

4.

Admittedly, the co-accused namely, Karan Dilip Dhabaliya, whose role is much more serious than the role attributed to the present Applicant, is enlarged on bail by this Court. It is seen that the amount to the tune of Rs.11,50,000/-, out of Rs.12,00,000/- allegedly siphoned off by the Applicant, has already been paid by the Applicant to the Complainant's wife, who is the absconding accused, much before the FIR was registered.

5.

Be that as it may, since the co-accused namely, Karan Dilip Dhabaliya and Shyam Kabadkar, are already granted bail by this Court, I am inclined to enlarge the Applicant on bail on the principle of parity. It is thus, ordered as under:

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned once in a month on the first Saturday of every month between 11:00 a.m. to 02:00 p.m.;

iv) If the Applicant has not deposited his passport, the Applicant shall deposit the same with the Police Station concerned, if any;

v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and mobile number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

6.

Application is allowed in the above terms and is accordingly disposed of.

7.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (Dr. Neela Gokhale, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.10.10 19:39:50 +0530 SHAMBHAVI NILESH SHIVGAN