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Bombay High CourtABA/801/2025disposed off

Deepak S/O Rajkumar Panchmukh v. The State Of Maharashtra

2025-09-24Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.801 OF 2025 Deepak s/o. Rajkumar Panchmukh ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Ms. Akshara Sharad Madake (through Video Conferencing), for the Applicant.

Mr. C. D. Mali, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

24th SEPTEMBER 2025 PC:- 1.

Heard Ms. Madake, learned Counsel appearing for the Applicants and Mr. Mali, learned APP appearing for the Respondent- State.

2.

The Applicant, who is the accused No.1 has filed this application under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.17 of 2025 registered with Ranjangaon MIDC Police Station, Pune, for the offence punishable under Sections 420 read with

Section 34 of the Indian Penal Code, 1860 ("IPC") and subsequently Sections 465, 467, 471 of the IPC were added. 3.

As per the prosecution case, on 17th March 2011, registered agreement for sale as also registered irrevocable Power of Attorney were executed by the accused Nos.2 to 12 in favour of son of the First Informant/Complainant i.e. Abhijeet Prabhakar Bhosale. The said registered agreement dated 17th March 2011 is annexed to the Anticipatory Bail Application from pages 85 to 96. The agreement records that the total consideration is Rs.10,50,000/- and Rs.7,50,000/- was paid at the time of execution of the agreement and balance amount of Rs.3,00,000/- was agreed to be paid at the time of execution of the Sale Deed and the possession is also to be handed over of the concerned property at the time of execution of the Sale Deed. It appears that thereafter on 17th February 2024, accused Nos.

2 to 12 executed Power of Attorney in favour of the accused No.1. On the strength of the said Power of Attorney, a Public Notice dated 21st September 2024 through AdvocateShushrut Mundada has been issued by the accused No.1 on behalf of the accused Nos.2 to 12 inviting objections from the public to the transaction regarding the subject land.

4.

Perusal of the record shows that after issuance of the said Public Notice dated 21st September 2024, on 9th October 2024 Special Civil Suit No.177 of 2024 has been filed by Abhijit Prabhakar Bhosale i.e. son of the First Informant/Complainant seeking specific performance of agreement of sale dated 17th March 2011. Thus, it is clear that the dispute is predominantly of civil nature.

5.

Accordingly, the case is made out for grant of Anticipatory Bail to the Applicant. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Deepak s/o. Rajkumar Panchmukh in connection with C.R. No.17 of 2025 registered with the Ranjangaon MIDC Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on 6th October 2025, 7th October 2025 and 8th October 2025 between 11:00 a.m. to 02:00 p.m. In addition, the Applicant shall attend the concerned Police Station as and when called.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

6.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]