← Library
Bombay High CourtABA/2236/2025disposed off

Satish Jay Patil v. State Of Maharashtra

2025-11-18Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2236 OF 2025 Satish Jay Patil ...Applicant

Versus

State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 3267 OF 2025 BHALCHANDRA GOPAL DUSANE IN ANTICIPATORY BAIL APPLICATION NO.2236 OF 2025 BHALCHANDRA GOPAL DUSANE Date: 2025.11.18 19:50:18 +0530 Vipin Mohanan Nair ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Shailesh Kharat i/by Mr. Nagesh Khedkar for Applicant in ABA. Mr. Hrishikesh Ghorpade (through VC) i/by Mr. Siddharth N. Sutaria in for Applicant in IA.

Ms. G.P. Mulekar, APP for the State.

API, Annasaheb Tapare, Mundhwa Police Station, Pune City present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

18th November 2025 P.C.:

1.

Heard Mr. Kharat, learned Counsel appearing for the Applicant, Mr. Ghorpade, learned Counsel for the Intervenor and Ms. Mulekar, learned APP for the State.

2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.180 of 2025 registered with Mundhwa Police Station, Pune City, for the offences punishable under Sections 3(5), 316(2), 318(4), 336(3), 338 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The prosecution case is set out in paragraph 2 of the Order dated 21st July 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.4341 of 2025, which reads as under :

"2] On 23/06/2025, informant Vipin Nayar lodged the complaint to the Police Station. He alleged that he alongwith Kiran Kadam intends to purchase plot of Suhas Gaikwad for the consideration of Rs.25 lakh. They have paid entire consideration amount. However due to technical error the sale-deed was not get registered. In July 2024 Satish Patil told him that he can facilitate to execute the sale-deed in low cost with the help of his friend Advocate Nandkishor. Accordingly, as per their demand they have transferred the amount of Rs.1,90,000/- to Satish Patil and Nandkishor Chavan. On 30/06/2024 accused sent E-challan to them. They presented the same before Sub-Registrar's office. At that time it came to know that it is a forged and bogus Echallan. Hence, informant talked with both accused and demanded for refund of amount. They repaid only

Rs.40,000/- and declined to pay rest of the amount. Hence, based on this information police has registered the crime against the accused."

4.

It is the submission of Mr. Kharat, learned Counsel for the Applicant that the Applicant is also victim in the case where prime accused is Accused No. 2- Nandkishor Chavan, who is an Advocate. He submits that he has also paid an amount of Rs.4,64,000/- to Accused No.2- Nandkishor Chavan. He submits that in fact the Applicant and the First Informant have jointly filed a complaint with Mondhwa Police Station against said Advocate Mr. Nandkishor Chavan. He submits that he has already refunded the amount, which he has received from the First Informant. 5.

On the other hand, Ms. Mulekar, learned APP and Mr. Ghorpade, learned Counsel for the Intervenor submit that the crime is very serious and the Applicant is actively involved in the crime. Both of them submit that the Applicant has received the amount and therefore, it cannot be said that the Applicant is the victim.

6.

Perusal of record shows that the learned Single Judge, by detailed Order dated 11th August 2025 has already granted ad-

interim protection to the Applicant. There is no other antecedent against the Applicant.

7.

Mr. Kharat, learned Counsel for the Applicant submits that the Applicant will co-operate with the investigation. 8.

Accordingly, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Satish Jay Patil be released on bail in C.R. No.180 of 2025 registered with Mundhwa Police Station, Pune City, on executing P.R. bond of Rs.1,00,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station once in a week i.e. on Sunday between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Police and shall co-operate with the investigation. (iii) 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.

(iv) 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.

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

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

9.

The Anticipatory Bail Application is allowed and disposed of accordingly.

10.

In view of disposal of the Anticipatory Bail Application, nothing survives in the Interim Application and the same is also disposed of.

(MADHAV J. JAMDAR, J.)