27-ABA-2533-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2533 OF 2026 Amita Prasad Kadam …Applicant Versus The State of Maharashtra …Respondent Mr. Priyal G. Sarda a/w Shubham Sudam Sane, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. PSI Mahesh Phatangare, EOW, Pune City, present. CORAM: MADHAV J. JAMDAR, J. DATED: 21 SEPTEMBER 2026 PC:- 1. Heard Mr. Sarda, learned Counsel appearing for the Applicant and Mr. Walve, learned APP, for the Respondent-State of Maharashtra. 2. By this Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.315 of 2026 registered with Ambegaon Police Station, Pune City, for the offences punishable under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 82 of the Registration Act, 1908. Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.21 21:17:40 +0530 27-ABA-2533-2026.DOC 3. As per the prosecution case, the Applicant and the Co- Accused registered with registering authorities under the Registration Act, 1908 certain documents by annexing a Commencement Certificate allegedly issued by the Pune Municipal Corporation, which is a fabricated document. 4. Mr. Sarda, learned Counsel appearing for the Applicant, submits that the Applicant is a co-owner of the plot and that M/s. Shree Developers, a partnership firm of Vinod Khanduji Pokale, Santosh Ganpat Walhekar, Ganesh Baban Padwal and Sushant Sunil Shinde, was to develop the said property and as consideration for the said development rights said Partnership Firm was to allot certain flats constructed on the said plot to the original owners, including the present Applicant. It is submitted that, for that purpose, the Applicant inducted as a partner with effect from 24th May 2025. He submits that the Applicant was inducted as one of the partner pursuant to the Reconstituted Partnership Deed dated 24th May 2025 and Clause No.6 of the said Partnership Deed clearly shows that the construction had already started. The alleged fabricated Commencement Certificate is dated 16th April 2022 and, therefore, the Applicant is not involved in the crime. Page 2 Arjun 27-ABA-2533-2026.DOC 5. On the other hand, Mr. Walve, learned APP, for the Respondent-State of Maharashtra, submits that the offence is very serious, as a fabricated Commencement Certificate was prepared, purportedly issued by the Pune Municipal Corporation and the same is being used for registration of the documents. He, therefore, submits that custodial interrogation is absolutely necessary. 6. Perusal of the record shows that the Applicant is not an original partner of said M/s. Shree Developers. In fact, the Applicant, her husband and other relatives are Co-owners of the subject property, and said M/s. Shree Developers, through its partners, namely, Vinod Khanduji Pokale, Santosh Ganpat Walhekar, Ganesh Baban Padwal and Sushant Sunil Shinde, had agreed to provide certain flats in the construction carried out on the subject property as consideration to the co-owners, including the present Applicant. 7. In fact, the said Agreement dated 22nd November 2018, executed by the said partners with Narhari Anantrao Kadam, Jayashri Narhari Kadam, Amita Prasad Kadam (present Applicant) Page 3 Arjun 27-ABA-2533-2026.DOC and Prashant Narhari Kadam, specifically records that construction on the land had already started. The Reconstituted Partnership Deed dated 24th May 2025, in Clause No.6, also specifically records that construction on the said land had already started. 8. Thus, prima facie, the Applicant is not involved in the alleged fabrication of the documents. In any case, the Applicant became a partner of the said partnership firm only on 24th May 2025. The Applicant is a woman. 9. Accordingly, in the facts and circumstances, case is made out for grant of anticipatory bail by imposing conditions. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of the Applicant - Amita Prasad Kadam, in connection with CR No.315 of 2026 registered with Ambegaon Police Station, Pune City, the Applicant is directed to be released on bail on her furnishing PR Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station, on 28th September 2026 and 29th September Page 4 Arjun 27-ABA-2533-2026.DOC 2026, and, thereafter, as and when necessary, till filing of the Charge-sheet and shall cooperate with the investigation. (c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant 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 Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. 10. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 Arjun