Deepak Namdev Gaikwad v. The State Of Maharashtra And Another

2026:BHC-AUG:18253 1 19 ba 429.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 429 OF 2026 Deepak Namdev Gaikwad, Age : 50 Years, Occu. : Moderator, R/o Kodoli, Tq. Panhala, Dist. Kolhapur.

.. Applicant

Versus

The State of Maharashtra and another .. Respondents Shri Shashikant E. Shekade, Advocate for the Applicant. Shri C. V. Bhadane, A.P.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 23RD APRIL, 2026.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is seeking enlargement on bail in respect of offence bearing Cr. No. 35/2025 registered with Shrigonda Police Station, Tq. Shrigonda, Dist. Ahilyanagar for the offences punishable U/Sec. 406, 417, 420, 465, 467, 468, 471, 423, 120-B of the Indian Penal Code.

3.

It is reported by Mr. Sujit Bhairu Jadhav, claiming to be President of Conference of Churches of Christ in Western India that the land belonging to the trust was tried to be alienated. The applicant is said to be instrumental, who submitted

2 19 ba 429.26 application to Sub Registrar Office on 12.09.2023 for transferring 10 Acres 92 Guntha land from Sy. No. 1749 situated at Shrigonda. He is alleged to have obtained orders from the Revenue Authorities and succeeded in getting lands transferred to the Indian Canadian Presbyterian Mission, of which he claims to be moderator. It is further alleged that he further alienated 08 Hectre on or about 08.11.2024 in favour of one Sandipan Kishan Tupare. He is alleged to have acted in collusion with coaccused in preparing false and bogus documents illegally transferring the land of the original trust.

4.

In pursuance of the first information report, the applicant was arrested on 11.11.2025. The charge sheet is filed on 05.02.2026. In this backdrop, learned counsel Mr. Shekade, appearing for the applicant submits that the dispute is civil in nature and Spl. C. S. No. 49 of 2024 is subjudice before the competent Civil Court in respect of self same land. There is no transfer of the land and the land still vests with the original trust. The status of the informant as President of Conference of Churches of Christ in Western India is disputed because various litigations are pending. There is no conclusive proof in his favour to set the law into motion. The co-accused Satish Danial Bhalerao and Vaibhav Vasant Pardhe are alleged to have prepared bogus record. They are given protection. 5.

Learned Assistant Public Prosecutor submits that the applicant is habitual and indulged in illegal transactions of the

3 19 ba 429.26 trust in question. He is involved in Cr. No. 110/2021 and 34/2020. He has acted in collusion with co-accused. There is material to support that he is office bearer of the Indian Canadian Presbyterian Mission.

6.

The first information report does not spell out that any sale deed is being executed at the instance of the applicant or he has been unduly benefited by the said transaction. The land in question belongs to the trust. Unless there is previous sanction of the competent authority, alienation is not possible. There is no material pointed out to disclose that applicant has received any monetary benefit. He is alleged to have transferred the land to Sandipan Kishan Tupare, co-accused. Applicant and Sandipan Tupare, both are parties to the civil litigation. 7.

It is informed by the learned counsel for the applicant that the land in question still vests with the original trust. I find no material on record to show that there is parting of possession that too at the instance of the applicant. The co-accused Satish Bhalerao and Vaibhav Pardhe are alleged to have prepared false and bogus record. Vaibhav Pardhe has been released on bail by the High Court. Mr. Satish Bhalerao has been granted interim protection against arrest.

8.

It further reveals that the status of the informant as well as claim of the applicant that he is office bearer of the trust is disputed. I find no incriminating material against the applicant.

4 19 ba 429.26 Two antecedents are reported against him. He is behind bars since 11.11.2025. Further detention is not required. I, therefore, pass following order.

O R D E R

A.

The bail application is allowed.

B.

Applicant - Deepak Namdev Gaikwad shall be released on bail in respect of Cr. No. 35/2025 registered with Shrigonda Police Station, Tq. Shrigonda, Dist. Ahilyanagar for the offences punishable U/Sec. 406, 417, 420, 465, 467, 468, 471, 423, 120-B of the Indian Penal Code on condition of furnishing P. R. bond and S. B. of Rs. 30,000/- (Rs. Thirty thousands only) with one solvent surety of like amount.

C.

The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.

D.

The applicant shall cooperate in expeditious disposal of trial.

E.

The applicant shall surrender his Aadhar and Pan cards to the investigating officer.

F.

Bail application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/April 26