Prahalad Baburao Jadhav v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 264 OF 2026 PRAHALAD BABURAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Ranjeet H. Patil a/w Mr. Dhavalsinh Patil APP for Respondents/State : Mrs. Ashvini A. Takalkar ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 9th JUNE 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

The Applicant has approached this Court, seeking regular bail in connection with Crime No.382/2024 registered with Ichalkaranji Police Station, District Kolhapur for the offences punishable under Sections 34, 407, 409, 420, 465, 467, 468, 471 of the Indian Penal Code, 1860.

3.

The learned Counsel for the Applicant submits that the Applicant is falsely implicated in the present crime. The entire loan amount borrowed by the Applicant by pledging goods has already

2 36.BA-264-2026.doc been transferred to the main accused, as evident from the Applicant's bank statement. The Applicant is a genuine farmer who has been cheated by the main accused while attempting to obtain a loan for agricultural purposes. The Applicant is not a beneficiary of the loan amount and is himself a victim of the fraud perpetrated by the main accused, Razzaq Mothlani, who has already been arrested and is currently in custody. The Applicant has deep roots in society, is a permanent resident of Ghogaon, District Sangli, and owns agricultural land in the village. The Applicant is not a flight risk and is willing to abide by any conditions imposed by this Court. He undertakes to regularly attend proceedings before the trial Court. .

The learned Counsel for the Applicant further submits, upon instructions, that the Applicant is ready to deposit an amount of Rs. 25,000/- lying in his account, to show his bona fides. The Applicant is further ready to abide by any conditions that may be imposed by this Court. Hence the Applicant may be released on regular bail. 4.

As against this, the learned APP strongly opposes the present application on the ground that the Applicant is involved in serious offences of cheating, criminal breach of trust by a banker, and forgery with intent to cheat in respect of valuable security, which are punishable with life imprisonment. The offence is serious in nature, wherein the Applicant, in connivance with the main accused, obtained a huge loan from Sangli Urban Bank, Islampur Branch. The Applicant secured a loan of Rs. 23,10,000/- by falsely pledging goods/agricultural crops (cumin seeds) at the warehouse. However,

3 36.BA-264-2026.doc upon inquiry, it was revealed that no such crops had been pledged to the bank or the warehouse. Considering the seriousness of the offence, if the Applicant is released on bail, there is a likelihood that he may commit similar offences and tamper with evidence, thereby causing prejudice to the prosecution case. Hence the application may be rejected.

5.

I have gone through the investigation papers as well as the charge-sheet filed with this application. I have also considered the order dated 19.03.2025 passed by this Court at the Circuit Bench, Kolhapur in Criminal Bail Application No. 158/2025 (Shreyas Sanjay Mane vs. State of Maharashtra) and the order dated 16.02.2026 passed by this Court at the Circuit Bench, Kolhapur in Criminal Bail Application No. 1888/2025 (Sushant Manikrao Kolekar vs. State of Maharashtra). The Applicant was arrested on 10.09.2024 and has been behind bars for nearly 18 months. The charge-sheet is voluminous in nature and several witnesses are yet to be examined. The trial has not commenced and will take considerable time to conclude.

Hence, further incarceration of the Applicant would amount to pre-trial detention, which has been deprecated by the Hon'ble Supreme Court. Since this Court has already released other accused persons, namely Shreyas Mane, Sushant Kolekar, Chandrakant Magar, and others, I find no impediment in releasing the present Applicant on regular bail. The apprehension of the learned APP can be taken care of by imposing appropriate conditions upon the Applicant.

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ORDER

(i) The Applicant- Prahalad Baburao Jadhav in connection with Crime No.382/2024 registered with Ichalkaranji Police Station, District Kolhapur for the offences punishable under Sections 34, 407, 409, 420, 465, 467, 468, 471 of the Indian Penal Code, 1860, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions :

(a) The aforesaid order is subject to the Applicant depositing an amount of Rs. 25,000/- before the trial Court within a period of one week from today.

(b) The Applicant shall attend the trial Court regularly. (c) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

(d) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses of the residence and phone numbers of himself and two of the near relatives. (e) Failure on the part of the Applicant of depositing the amount of Rs. 25000/- before the trial Court within the stipulated time or a single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..