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2025 DAILYLAW 2500 (BOM)

PARESH ANILKUMAR BHANDARI AND ORS v. STATE OF MAHARASHTRA

ABA/2694/2025 · 2026-08-21

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Judgment text

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908.ABA-2694.25.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2694 OF 2025 Paresh Anilkumar Bhandari & Ors. … Applicants V/s. State of Maharashtra & Anr. …. Respondents ______________________ Ms. Purvi Shah (through VC) a/w Mr. Uday Shikare, for the Applicants. Ms. S. M. Yadav, APP, for the Respondent-State. Ms. Ayodhya Patki i/by Mr. Vallabh Tokekar for Respondent No.2- First Informant. Mr. Somnath Bharat Kesare, Police Constable attached to Kondhwa Police Station, Pune present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 21 AUGUST 2026 P. C. :- 1. Heard Ms. Shah, learned counsel appearing for the Applicants and Ms. Yadav, learned APP appearing for the Respondent-State. 2. By this application filed under Section 482 of the Criminal Procedure Code, 1973, the applicants are seeking pre-arrest bail in connection with C.R. No.566 of 2025 registered with Kondhwa Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.08.21 18:07:25 +0530 908.ABA-2694.25.DOC Police Station, Pune for the offences punishable under Sections 406, 420, 467, 468 and 471 read with 34 of the Indian Penal Code. 3. At the outset, it is required to be noted that on the last date, learned counsel appearing for the Applicants after arguing the matter for some time, made a statement that insofar as the Applicant No.1- Paresh Anilkumar Bhandari (Accused No.1) is concerned, he has instructions to withdraw the Anticipatory Bail Application. Learned counsel appearing for the Applicants stated that Accused No.1 will surrender on or before 20 August 2026 and accordingly, the Applicant No.1 has surrendered yesterday. 4. In view of the above statement, it is clarified that by order dated 17 August 2026, Anticipatory Bail Application has been dismissed as withdrawn as far as Applicant No.1 is concerned. Therefore, today the Anticipatory Bail Application is being considered only for Applicant No.2-Mrs. Anita Anilkumar Bhandari and Applicant No.3- Mrs. Vrushali Paresh Bhandari. 5. The prosecution case is set out in paragraph 3 of the order dated 19 September 2025 passed by the learned Additional Page 2 PPN 908.ABA-2694.25.DOC Sessions Judge, Pune in Criminal Bail Application No.5128 of 2025 which reads as under :- 3. The applicants were the owners of one flat on 11th floor of an apartment named Mahavir Residency at Kondhwa. They sold out the said flat to one Prathamesh Shinde by executing a registered deed of assignment dtd. 31/10/2022. The said Prathamesh Shinde, thereafter was interested in disposing off the said flat. The complainant was interested in purchasing the same. On 27/09/2023, the present applicants offered to sell the said flat to the complainant, and executed a notarized agreement dtd. 27/09/2023 with the complainant to that effect. Therein, the applicants promised the complainant to get the sale-deed executed in his favour from the said Prathamesh Shinde. The applicants also promised to clear off all the debts of financial societies on the property. The details of payment of consideration of Rs.77 lakhs was also stated in the said agreement. The applicants received Rs.6 lakhs from the complainant as commission for the said deal. Rs.4 lakhs out of the same were received by the applicants in cash and the remaining Rs.2 lakhs by cheque. Following the said deal, the said Prathamesh Shinde executed a registered deed of assignment dtd. 25/10/2023 in favour of complainant. However, it later turned out that the said flat was already encumbered to one Cholamandalam Finance company, from whom, the applicants had obtained finance by offering the said flat on mortgage. An attachment notice of DRT was pasted on the property, which brought these things to light. The complainant realized that he had been cheated, and thus he lodged police report, following which, FIR for offence u/sec. 406, 420 and other Sections of IPC was registered against the applicants. In the above background, applicants have approached this court for anticipatory bail. 6. It is the submission of the learned counsel appearing for the Applicants i.e. Applicant Nos.2 and 3 that they are ladies and they Page 3 PPN 908.ABA-2694.25.DOC have acted as per the instructions of Applicant No.1- Paresh Anilkumar Bhandari. Learned counsel submits that Applicant Nos.2 and 3 are not involved in the crime. She submits that Applicant Nos.2 and 3 have no other antecedents. 7. On the other hand, learned counsel appearing for the Respondent No.2 strongly opposes the application. However, she submits that if the Court is inclined to grant anticipatory bail then stringent conditions be imposed. 8. The Applicant No.2 is a lady and senior citizen of 61 years and Applicant No.3 is also a lady. Both the Applicant Nos. 2 and 3 are housewives. 9. Thus in the facts and circumstances, case is made out for grant of anticipatory bail by imposing following stringent conditions :- O R D E R (a) In the event of arrest of the Applicant Nos. 2 and 3 in connection with C.R. No.566 of 2025 registered with the Kondhwa Police Station, Pune, the Applicants are Page 4 PPN 908.ABA-2694.25.DOC directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or two solvent sureties each in the like amount. (b) Both the Applicants shall attend the concerned Police Station on 31 August 2026, 1 September 2026 and 2 September 2026 between 11:00 a.m. to 02:00 p.m. and thereafter, as and when called. (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 Page 5 PPN 908.ABA-2694.25.DOC permission of the Court. (g) The Applicants shall cooperate with the Investigating Officer and attend the concerned police station as and when called by the Investigating Officer. 10. The observations made in this order are only for the purpose for considering the anticipatory bail application. 11. Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6 PPN