Kalyan Magan Babar v. State Of Maharashtra And ANR.
1 27.ABA-308-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 308 OF 2026 KALYAN MAGAN BABAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Sangramsinh Yadav APP for Respondents/State : Mr. Anand S. Salgaonkar ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 17th 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 anticipatory bail in connection with Crime No.292/2026 registered with Sadar Bazar Police Station, District Solapur City for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3.
The case of the prosecution is that the husband of the informant is serving in foreign country Oman since last 22 years and he intermittently visits India. Informant herself is serving as a Teacher at Solapur. Father in law of the informant has expired in year
2 27.ABA-308-2026.doc 2015. Field admeasuring 8.5 Acres is standing in the name of husband of the informant and field admeasuring 2 acres is standing in the name of father-in-law of the informant. When the informant saw the 7/12 extract online on 18/03/2026, she noticed that names of Tanaji Raghunath Lengare, Raviraj Suresh Lengare and Dayanand Shivshankar Swami are available instead of names of her husband and father in law.
Informant obtained certified copies of the sale deeds from the office of Sub-Registrar, Solapur from which, she learnt that field standing in the name of her husband is sold by Ajay Arjun Bagal by posing himself as POA holder of her husband to Raviraj Suresh Lengare and Tanaji Raghunath Lengare so also, field standing in the name of father in law of the informant is sold by said Ajay Bagal to Dayanand Shivshankar Swami. She also found that POA dated 06/02/2026 allegedly executed by her husband and father in law was annexed to those sale deeds. In fact, husband of the informant was in Oman on the day of execution of said POA and her father in law has already expired in year 2015. It was mentioned in the sale deed that sale consideration mentioned in the sale deeds is transferred by RTGS to the original owners.
In fact, any such amount is not received by the family of the informant. Address of the executant is mentioned in the notarized POA to be of Landon from which it is clear that said POA is forged and bogus document and husband of the informant has confirmed that he has not executed any such POA.
3 27.ABA-308-2026.doc Shivshankar Swami have hatched conspiracy and by preparing bogus POA, fields standing in the names of husband and father in law of the informant have been transferred in the name of Raviraj Suresh Lengare, Tanaji Raghunath Lengare and Dayanand Shivshankar Swami.
.
On the basis of the report lodged as above, crime as mentioned above came to be registered against the Applicant/ accused and others at P.S. Sadar Bazar, Solapur. 4.
The learned Counsel for the Applicant submits that the Applicant is a stamp vendor issuing stamps in the Registry Office and has been wrongly implicated in the present crime. The allegations in the FIR primarily revolve around Ajay Bagal, Raviraj Lengare, Tanaji Lengare, and Dayanand Swami, who are accused of hatching a conspiracy to prepare a bogus power of attorney and transfer the agricultural field standing in the name of the Complainant's husband and her father-in-law. The FIR itself suggests that the Applicant's role was limited to selling the stamp paper on which the alleged bogus power of attorney was executed by the other accused persons. It is further submitted that the Applicant has criminal antecedents in two earlier cases, in which he was released on anticipatory bail. However, in the present crime, the Applicant has no substantive role to play. Despite this, he has been unnecessarily added as an accused. The Applicant is ready to abide by any conditions that may be imposed by this Court. Hence he may be protected.
4 27.ABA-308-2026.doc 5.
As against this, the learned APP fairly submits that, considering the limited role of the present Applicant and upon instructions from the Investigating Officer who is present in Court, if the Applicant cooperates with the investigation, directions may be given to him to attend the police station.
6.
I have perused the allegations made in the FIR as well as the investigation papers. It is informed by the learned APP that Ajay Bagal and Raviraj Lengare, who played an active role in the present crime, have already been arrested and released on bail. Taking into account the limited role of the present Applicant, whose involvement is confined to selling the stamp papers on which the alleged power of attorney was executed, I do not find any impediment in releasing the Applicant on anticipatory bail. Hence the following order :
ORDER
(i) In the event of arrest of the Applicant - Kalyan Magan Babar in connection with Crime No.292/2026 registered with Sadar Bazar Police Station, District Solapur City for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, 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 Applicant shall attend the office of Crime Branch, Solapur, on every Friday and Saturday between 11:00 a.m. and 01:00 p.m. until the filing of the charge-sheet.
(b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.
5 27.ABA-308-2026.doc (c) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.
(d) 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..