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Bombay High CourtABA/2873/2025disposed off

Ashok Ganesh Jivani v. State Of Maharashtra

2025-10-15Hon'Ble Shri Justice N. R. Borkar2 pages

1 922-ABA 2873-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2873 OF 2025 Ashok Ganesh Jivani ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Sunny Waskar i/by Ashok Shukla for the Applicant. Mr. V. N. Sagare, APP for the Respondent-State. PI Manoj Patil, Malad PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

15TH OCTOBER 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. MUGDHA MANOJ PARANJAPE Date: 2025.10.30 13:13:12 +0530 2.

The Applicant is apprehending his arrest in Crime No.436 of 2025 registered with Malad Police Station for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

The first informant is in the business of supplying education software. The allegations against the present Applicant and the co-accused are of defrauding the first informant and his partners to the tune of Rs.1 Crore on the pretext that they would get him certain benefits under the GST.

4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

Mugdha

2 922-ABA 2873-25.doc 5.

The Learned APP submits that one of the co-accused during interrogation has revealed that out of defrauded amount the absconding co-accused Ravi had given Rs.50,00,000/- to the present Applicant. It is submitted that the Applicant is involved in four more crimes of similar nature.

6.

There is no admissible evidence against the Applicant. Considering the nature of incriminating material against the Applicant, at this stage, I am inclined to release the Applicant on anticipatory bail. However, liberty is granted to the prosecution to file an application for cancellation of present anticipatory bail, if some new incriminating material is found against the Applicant. Hence, the following order:

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.436 of 2025 registered with Malad Police Station for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation. iv.

The Applicant shall not commit any other crime. 7.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.) Mugdha