Vinod Vasant Chavan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2724 OF 2025 Manoj Vasant Chavan ...Applicant

Versus

The State of Maharashtra

...Respondent

Digitally signed by SONALI MILIND PATIL Date:

2025.10.01 16:14:56 +0530 SONALI MILIND PATIL WITH ANTICIPATORY BAIL APPLICATION NO.2730 OF 2025 Vinod Vasant Chavan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Suyash Nitin Khose a/w. Mr. Pritvi Dhapse, Mr. Siddhesh Sutaria i/b. Mr. Abhijit Aher, for the Applicants. Mr. S. A. Karmakar, APP, for the Respondent-State in ABA/2724/2025.

Ms. S. M. Yadav, APP, for the Respondent-State in ABA/2730/2025. Mr. Ketan Manjare, API, attached to Bhosari Police Station, PimpriChinchwad, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

1st OCTOBER 2025 PC:- 1.

Heard Mr. Khose, learned Counsel appearing for the Applicants and Mr. Karmakar, learned APP and Ms. Yadav, learned APP appearing for the Respondent-State .

2.

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking prearrest bail. The Applicant-Manoj Vasant Chavan in Anticipatory Bail Application No.2724 of 2025 is accused No.2 and the Applicant-Vinod Vasant Chavan in Anticipatory Bail Application No.2730 of 2025 is accused No.1 in connection with C.R. No.407 of 2025 registered with Bhosari Police Station, Pimpari-Chinchwad, Pune, for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS") 3.

As per the prosecution case, the Applicants persuaded the Informant to invest huge amount in a vegetarian hotel and dishonestly and fradulently, misappropriated the said amounts by crediting in their accounts.

4.

Mr. Khose, learned Counsel appearing for the Applicants submits that in fact the Complainant's son-Omkar Sandeep Gawali, Sadanand Pujari, and Vinod Vasant Chavan i.e. accused No.1 have entered into partnership by executing Partnership Deed dated 1st April 2022. They are having equal percentage in the said partnership business. He submits that the said partnership business

sufferred losses and therefore, the dispute started. He submits that the allegation in the FIR discloses that the dispute is predominently of civil in nature and therefore, the Anticipatory Bail Applications be allowed.

5.

On the other hand, Ms. Yadav, learned APP and Mr. Karmakar, learned APP strongly oppose the Anticipatory Bail Applications. Both of them submit that the Applicants are involved in the crime.

6.

Perusal of the record shows that the Complainant's sonOmkar Sandeep Gawali, Sadanand Pujari and Vinod Vasant Chavan i.e. accused No.1 have entered into a partnership business by executing Partnership Deed dated 1st April 2022. The contents of FIR clearly shows that there is dispute concerning the said partnership business.

7.

Prima facie, there is nothing on record to show that since inception it was the intention to commit the crime. In any case, in the facts and circumstances, the custodial interrogation of the Applicants is not necessary. Accordingly, the case is made out for

grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Manoj Vasant Chavan in Anticipatory Bail Application No.2724 of 2025 and the Applicant-Vinod Vasant Chavan in Anticipatory Bail Application No.2730 of 2025 in connection with C.R. No.407 of 2025 registered with the Bhosari Police Station, Pimpri-Chinchwad, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Bhosari Police Station, Pimpari-Chinchwad, Pune, on 13th October 2025, 14th October 2025 and 15th October 2025. In addition, the Applicants shall attend the concerned Police Station as and when called.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer

and shall keep the same updated, in case of any change thereto.

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

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

8.

The Anticipatory Bail Applications are disposed of accordingly.

[MADHAV J. JAMDAR, J.]