Aamir Babasaheb Mulani v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.36 OF 2025 Aamir Babasaheb Mulani ... Applicant

Versus

The State of Maharashtra and another ... Respondents *** Mr. Yash Fadtare i/b Mr. Samay Pawar, for Applicant. Mr. S.S. Choudhary, A.P.P, for Respondent No.1 - State. Mr. Darshan Singh Rajpurohit, for Respondent No.2. *** by SHAILAJA SHRIKANT HALKUDE Date:

2026.04.28 20:12:04 +0530

CORAM

: M. W. CHANDWANI, J.

SHAILAJA SHRIKANT HALKUDE DATE : 28th APRIL, 2026.

P. C. :

1.

The applicant is apprehending arrest in connection with Crime No.0351 of 2024 registered with Islampur Police Station, District Sangli for the offence punishable under Section 420 r/w 34 of the Indian Penal Code, 1860.

2.

Heard the learned counsel for the applicant as well as the learned A.P.P, for the non-applicant - State. I have gone through the case diary. 3.

Upon perusal of the F.I.R., it is revealed that the complainant was introduced to the main accused, Noorjahan (mother of the present applicant) by accused No.5 - Navnath Nalawade. It is alleged that the main accused

showed the complainant a letter purportedly issued by the Maharashtra Government regarding the grant of a wine shop licence in her favour and assured that she would transfer the said licence in the name of the complainant for a consideration of Rs.91,00,000/-. The Complainant, from time to time, paid an aggregate sum of Rs. 91,00,000/- (Rupees Ninety-One Lakhs only) by transferring the said amount into the bank accounts of main accused, Noorjahan, and Accused No. 2 - Kalim Babasaheb Mulani. However, the aforesaid licence was not transferred in the name of the complainant even after passage of a considerable period of time. When the inquiry was made by the complainant with the Mantralaya, he came to know that the licence which was shown to him by accused No.1 - Noorjahan is a fake one. Upon the complainant demanding a refund of the amount, the applicant alongwith his mother and co-accused Kalim Mulani, repaid a sum of Rs.10,00,000/-. However, the remaining amount is yet to be refunded. 4.

It is contended on behalf of the applicant that, in addition to an amount of Rs.10,00,000/-, one flat standing in the name of the acquaintance of accused No. 4 valued at Rs.29,00,000/- has been sold to the complainant towards refund of the said amount, since accused No.4 has also parted with the money. It is further contended that no role has been played by the applicant. The main role has been assigned to accused No.1 - Noorjahan - mother of the applicant. He further submits that she has been arrested and released on bail. He further submitted that to show his bona bides, the applicant is ready to deposit Rs.7,00,000/- by the end of May, 2026. 5.

The F.I.R prima facie shows that active participation has been attributed to accused No.1 - Noorjahan. The allegation against the present applicant is that the applicant accompanied his mother at all times when she

induced the complainant and showed a fake licence. It further appears that no part of the alleged amount has been credited to the account of the present applicant.

6.

Considering the allegations made against the present applicant, the submission of the learned counsel for the applicant that the applicant is ready to deposit Rs.7,00,000/- by the end of May, 2026, coupled with the fact that nothing is required to be seized from the present applicant, custodial interrogation of the applicant may not be required. Therefore, a case is made out for grant of anticipatory bail. Hence, the following order; : O R D E R :

(a) The anticipatory Bail Application is allowed. (b) In the event of arrest in connection with Crime No.0351 of 2024 registered with Islampur Police Station, District Sangli for the offences punishable under Section 420 r/w 34 of the Indian Penal Code, 1860, the applicant - Aamir Babasaheb Mulani be released on bail on furnishing a P.R. bond in the sum of Rs.50,000/- with one solvent surety in the like amount. (c) The applicant to appear before the concerned police station on 04.05.2026, 08.05.2026 and 11.05.2026 between 10.00 a.m and 12.00 noon and co-operate in the investigation.

(d) The applicant shall not threaten the prosecution witnesses or tamper with the prosecution evidence in any manner.

7.

It is to be noted that the statement with regard to deposit of Rs.7,00,000/- has been considered while granting bail. Therefore, if the

applicant fails to deposit the amount, it may entail the prosecution to move for cancellation of bail.

8.

With this, the application stands disposed of. [M. W. CHANDWANI, J.]