Suresh Prabhakar Patil And ANR. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.170 OF 2026

1. Suresh Prabhakar Patil

2. Jaya Suresh Patil ... Applicants

Versus

The State of Maharashtra and another ... Respondents WITH INTERIM APPLICATION NO.276 OF 2026 by SHAILAJA SHRIKANT HALKUDE Date:

2026.04.28 19:54:43 +0530 SHAILAJA SHRIKANT HALKUDE IN ANTICIPATORY BAIL APPLICATION NO.170 OF 2026 Sachin Santulal Zamtani Intervener/Original Complainant

IN THE MATTER BETWEEN:

1. Suresh Prabhakar Patil

2. Jaya Suresh Patil ... Applicants

Versus

The State of Maharashtra and another ... Respondents *** Ms. Rati S. Sinhasane, for the Applicants.

Mr. S.H. Yadav, A.P.P, for Respondents - State. Mr. Yash Fadtare, for Applicant in Interim Application No.276 of 2026. Mr. Rohit Anil Chougule (Police Constable), Vishrambaug Police Station, Sangli present.

***

CORAM

: M. W. CHANDWANI, J.

DATE : 28th APRIL, 2026.

P. C. :

1.

The applicants are apprehending arrest in connection with Crime No.0054 of 2026 registered with Vishrambaug Police Station, District Sangli for the offences punishable under Sections 318 (4), 316 (2) r/w 3 (5) of the Bhartiya Nyaya Sanhita, 2023.

2.

Heard the learned counsel for the applicants and the learned A.P.P, for non-applicant - State. I have gone through the case diary. 3.

It appears that the applicants had been purchasing cattle feed from the complainant. For the said transactions, they had earlier paid a total consideration amounting to Rs.1,18,89,021/-. It is alleged in the First Information Report that on 31st July, 2024, the applicants again purchased cattle feed and made part payment towards the same. Thereafter, further business transactions are stated to have continued between the applicants and the complainant from 31st July, 2024 till 12th December, 2024. The applicants had entered into seventeen transactions with the complainant towards purchase of cattle feed, involving a total amount of Rs. 81,46,296/-. When the complainant started asking for payment of the said cattle feed, the applicants initially asked for more time and thereafter, started avoiding the payment. Therefore, the complaint came to be lodged with the police station

with the allegation that after establishing trust, the applicants cheated the complainant to the extent of Rs.81,46,296/-.

4.

Prima facie, it appears that the dispute arises out of a business transaction and is therefore, civil in nature. Whether the applicants had the intention to cheat the complainant since inception is a matter for trial. Nothing is required to be seized from the applicants and, therefore, custodial interrogation of the applicants may not be required. The applicants undertake to fully co-operate with the Investigating Authority. Considering these aspects, a case is made out for grant of anticipatory bail. Hence, the following order:

: O R D E R :

(a) The anticipatory Bail Application is allowed. (b) In the event of arrest in connection with Crime No.0054 of 2026 registered with Vishrambag Police Station, District Sangli for the offences punishable under Sections 318 (4), 316 (2) r/w 3 (5) of the Bhartiya Nyaya Sanhita, 2023, Applicant No.1 - Suresh Prabhakar Patil and Applicant No.2 - Jaya Suresh Patil shall be released on bail upon furnishing a P.R bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

(c) The applicants shall attend the concerned police station on 4th May, 2026, 8th May, 2026 and 11th May, 2026 between 10.00 a.m and 12.00 noon and shall co-operate in the investigation.

(d) The Applicants shall not threaten the prosecution witnesses or tamper with the prosecution evidence.

5.

With these directions, the application stands disposed of. 6.

In view of disposal of the Anticipatory Bail Application, the Interim Application also stands disposed of.

[M. W. CHANDWANI, J.]