Shweta Sunil Bahira v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3554 OF 2025 Shweta Sunil Bahira ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH ANTICIPATORY BAIL APPLICATION NO.3555 OF 2025 Sunil Govind Bahira & Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
Mr. Harshad Sathe a/w. Ms. Manvi Sharma, Mr. Siddhesh Bane and Ms. Aishwarya Hinge, for the Applicant in ABA/3554/2025. Mr. Meghasham Kocharekar a/w. Mr. Saurabh Butala and Mr. Shubham Gangan, for the Applicants in ABA/3555/2025. Mr. S. M. Mangaonkar, APP, for the Respondent-State in ABA/3554/2025.
Mr. S. A. Karmakar, APP, for the Respondent-State in ABA/3555/2025.
Mr. Sachin Powar, API, attached to Panvel City Police Station, Navi Mumbai, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
23rd DECEMBER 2025 PC:- 1.
Heard Mr. Sathe, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.3554 of 2025, Mr. Kocharekar, learned Counsel appearing for the Applicants in Anticipatory Bail Application No.3555 of 2025 Mr. Mangaonkar, learned APP
appearing for the Respondent-State in Anticipatory Bail Application No.3554 of 2025 and Mr. Karmakar, learned APP appearing for the Respondent-State in Anticipatory Bail Application No.3555 of 2025. 2.
At the outset, learned Counsel appearing for the Applicants submit that although Anticipatory Bail Applications filed before the learned Additional Sessions Judge, Panvel, Navi Mumbai have been rejected on 19th December 2025, however, the orders passed by the learned Additional Sessions Judge is not yet available. 3.
These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.725 of 2025 registered with Panvel Police Station, Navi Mumbai for the offences punishable under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 4.
As per the prosecution case, the incident in question has taken place in the year 2006. The Applicants as heirs have used and relied upon a purported identity certificate with photo-signature of accused No.12 in place of late Vishnu Govind Bahira for execution/registration of document dated 13th February 2006 of Lease Deed executed by CIDCO and a tri-parte agreement dated 20th April 2006
5.
It is the submission of learned Counsel appearing for the Applicants that the FIR has been lodged after a period of 19 years. The entire investigation is on the basis of documentary evidence which is part of record maintained by the CIDCO and therefore, no custodial interrogation is warranted. There is no possibility to tamper with the record, which is with the CIDCO. Therefore, they submit that the Anticipatory Bail Applications be allowed. 6.
On the other hand, Mr. Mangaonkar, learned APP and Mr. Karmakar, learned APP strongly oppose the Anticipatory Bail Applications. Both of them submit that the offence is very serious as identity certificate with photo-signature of accused No.12 purported to be of late Vishnu Govind Bahira has been used. Both of them therefore, submit that the custodial interrogation of the Applicants is necessary.
7.
Perusal of the record shows that admittedly, the offence is concerning execution of registration of Lease Deed dated 13th February 2006 executed by accused with CIDCO. The FIR has been lodged after a period of 19 years. Although the offense is very serious, no useful purpose will be served by denying pre-arrest bail after a period of 19 years.
8.
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-Shweta Sunil Bahira (in Anticipatory Bail Application No.3554 of 2025) and the Applicant No.1- Sunil Govind Bahira, the Applicant No.2-Sharda Bhalchandra Bahira, the Applicant No.3-Kathod alias Keshav Govind Bahira, the Applicant No.4-Maruti Govind Bahira and the Applicant No.5-Dharma Shankar Bahira (in Anticipatory Bail Application No.3555 of 2025) in connection with C.R. No.725 of 2025 registered with the Panvel City Police Station, Navi Mumbai, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the Panvel City Police Station, Navi Mumbai, on 29th December 2025 and 30th December 2025 between 11:00 a.m. to 02:00 p.m. and thereafter, as and when called by the Investigating Officer shall co-operate with the investigation. (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.
9.
The Anticipatory Bail Applications are disposed of accordingly.
Digitally signed by SONALI MILIND PATIL Date:
2025.12.24 18:16:36 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL