20.BA.4776.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4776 OF 2025 Vishal Anant Mundkar .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Ashok Mundargi, Senior Advocate a/w. Mr. Saurabh Butala, Mr. Harshad Sathe, Ms. Harshada Shrikhande and Mr. Sahil Mhatre for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent.  API – Sunil Wagh, Panvel City Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 27, 2026 P.C. : 1. Heard Mr. Mundargi, learned Senior Advocate for Applicant and Ms. Newton, learned APP for Respondent. 2. This is an Application under Section 493 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.73 of 2025 registered with Panvel City Police Station for offences punishable under Sections 318 (4), 336, 337, 338, 178, 179, 182, 183, 305(e), 306, 303(2) read with Section 3(5). 3. This Application seeks enlargemnet on bail of the Applicant. 4. Briefly stated and as argued by Ms. Newton, it is the case of prosecution that Applicant alongwith other co-accused persons has 1 of 4 20.BA.4776.2025.doc conspired and reused stamp papers rather cancelled stamp papers of the Court and forged challan to obtain heirship certificate which is issued by the civil Court pursuant to its order. Reading of the First Information Report (for short ‘FIR’) appended at page No.150 alongwith report submitted by learned APP prima facie shows the role of the Applicant in having the accepted the fees for payment of Court fees stamp, 7 out of 9 witnesses whose statements have been recorded. Two witnesses have not recorded their statement. 5. It is prima facie seen that Applicant before me is an Advocate practising in the Panvel Court in such matters. The reading of the FIR prima facie suggests the role of co-accused person who is an Advocate called Sanket Patil and as apprised by the prosecution is the brother-in- law of Applicant who was looking after the office work as a Clerk in the Applicant’s office. It is not specifically so apprised and stated by prosecution as to what is the precise role of the Applicant after he having accepted the Court fees amount from two of out of seven witnesses whose statements have been recorded for payment of Court fees stamp prima facie did not show the involvement in conspiracy unless the prosecution makes out a prima facie case against Applicant. The allegation with regard to preparing false challan and destroying data in his computer in office once again cannot be directly applicable to the Applicant before me in view of indictment of brother-in-law who was specifically working with regard to managing his office and in doing all 2 of 4 20.BA.4776.2025.doc back office work. Applicant is already in incarceration for more than 18 months. The extent of conspiracy not having clearly been made out, I am inclined to grant bail to the Applicant. 6. Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 73 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 30,000/- (Rs. Thirty Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 20.BA.4776.2025.doc (vi) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 7. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.27 15:12:04 +0530