Dinesh Premchand Panchal v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2735 OF 2025 Dinesh Premchand Panchal ...Applicant V/s.
The State of Maharashtra and Anr.
...Respondents
WITH INTERIM APPLICATION NO. 3735 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO. 2735 OF 2025 WITH ANTICIPATORY BAIL APPLICATION NO. 2739 OF 2025 Ishwarlal S/o. Premchand Panchal ...Applicant V/s.
State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO. 3739 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO. 2739 OF 2025 WITH ANTICIPATORY BAIL APPLICATION 2747 OF 2025 Mukesh Kumar Panchal ...Applicant V/s.
State of Maharashtra and Anr.
...Respondents
Mr. Rahul J. Gada, Advocate for the Applicants in all Applications. Ms. Rutuja Ambekar, APP for the Respondent/State in ABA/2735/2025..
Ms. R. D. Humane, APP for the Respondent/State in ABA/2735/2025.
Mr. B. V. Holambe Patil, APP for the Respondent/State in ABA/2747/2025.
PSI. Sagar Awate, Kurar, Police Station.
CORAM
:
N.R. BORKAR, J.
DATE :
14.10.2025.
1/4
P.C. :
1.
All these applications are arising out of the one and the same crime and thus they are being disposed of by this common order.
2.
The applicants are apprehending their arrest in Crime No. 556 of 2025 registered at Kurar Village Police Station, for the offences punishable under Sections 3(5), 351(3), 352, 318(4) & 316(2) of the Bharatiya Nyaya Sanhita, 2023.
3.
It is the case of the prosecution that the first informant carries out the transactions pertaining to gold & silver. It is alleged that the co-accused Vaibhav Gandhi and Kalidas Naagar misappropriated 3843.954 grams of gold belonging to the first informant. The allegations against the present applicants are of purchasing about 811.260 grams out of the said misappropriated gold.
4.
I have heard the learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for the respondent-first informant.
5.
The learned counsel for the applicants has drawn my 2/4
attention to the order passed by the learned Additional Sessions Judge dated 12.09.2025 in Criminal Bail Application No. 897 of 2025. By the said order, the learned Additional Sessions Judge has released the co-accused Vaibhav Gandhi on anticipatory bail. In the said order, the learned Additional Sessions Judge has recorded that the entire gold has been recovered and delivered to the first informant. It appears that before the Sessions Court the first informant had filed the affidavit stating that he has no objection if the anticipatory bail is granted to the said co-accused Vaibhav Gandhi.
6.
On the other hand, the learned APP for the respondentState and the learned counsel for the respondent-informant submit that the custodial interrogation of the applicants is necessary to recover the gold allegedly purchased by them. It is submitted that considering the nature of crime the applicants may not be released on anticipatory bail.
7.
The main allegations are against the co-accused Vaibhav Gandhi. There are no other criminal antecedents against the present applicants. Considering the said facts and circumstances, I am inclined to release the applicants on 3/4
anticipatory bail. In the result, the following order is passed :
O R D E R
a) The Applications are allowed.
b) In the event of arrest of the applicants in connection with Crime No. 556 of 2025 registered at Kurar Village Police Station, for the offences punishable under Sections 3(5), 351(3), 352, 318(4) & 316(2) of the Bharatiya Nyaya Sanhita, 2023, the applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.
c) The applicants shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.
8.
Pending Interim Applications are also disposed of. [N.R.BORKAR, J.] 4/4