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Bombay High CourtABA/3399/2025allowed

Pravin Baburao Patil v. The State Of Maharashtra

2025-12-10Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3399 OF 2025 Pravin Baburao Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Mayur Mohite a/w. Mr. Jayesh Bhosale and Mr. Deepak Jain, for the Applicant.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Mahendra Doke, PSI, Kamothe Police Station, Navin Mumbai, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th DECEMBER 2025 PC:- 1.

Heard Mr. Mohite, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.119 of 2025 registered with Kamothe Police Station, Navi Mumbai, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the First Informant has collected an amount of Rs.1 crore from his friends and relatives and has given the said amount to the Applicant for the purpose of using the same in the construction business of the Partnership Firm, where the First Informant and the Applicant are the Partners. As per the prosecution case, the First Informant has told the Applicant to deposit the said amount in "Adhiraj Agro Poultry", which is proprietory concern of the present Applicant and as and when necessary, the said amount is to be advanced to "Pranil Constrobuild LLP". It is the prosecution cae that accordingly, Rs.50,00,000/- has been deposited in the account of said "Pranil Constrobuild LLP", however, balance amount of Rs.50,00,000/- has not been deposited. It is the prosecution case that an amount of Rs.8,35,000/- paid as loan to the Applicant has also not been repaid. 4.

It is the submission of Mr. Mohite, learned Counsel appearing for the Applicant that there are no other antecedents against the Applicant. The dispute is of civil in nature and therefore, the prearrest bail be granted. 5.

On the other hand, Ms. Yadav, learned APP appearing for the Respondent-State strongly opposes the Anticipatory Bail Application. She submits that document executed on 5th June 2024

wherein the present Applicant has admitted non-payment of said Rs.50,00,000/-. She therefore, submits that the custodial interrogation of the Applicant is necessary and therefore, the prearrest bail be not granted. 6.

Perusal of the record shows that admittedly the Applicant and the First Informant are the Partners in said "Pranil Constrobuild LLP" and doing the business of construction. Prima facie, there is substance in the contention raised by Mr. Mohite, learned Counsel appearing for the Applicant that the dispute is of civil nature. 7.

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

O R D E R

(a) In the event of arrest of the Applicant-Pravin Baburao Patil in connection with C.R. No.119 of 2025 registered with the Kamothe Police Station, Navi Mumbai, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the Kamothe Police Station,

Navi Mumbai as and when called by the Investigating Officer and shall co-operate with the investigation. (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.

8.

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