1/4 33-ABA-3435-2023 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 3435 OF 2023 Nafisa Hashmat Parkar …...Applicant VERSUS The State Of Maharashtra …...Respondent _________________________________________________________________ None for Applicant. Dr. Ashvini A. Takalkar, APP, for the Respondent-State. Officer: Mr. D. B. Kurundwade, Khed Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 21st SEPTEMBER, 2026. P.C. 1. When this Application was called out, neither the Applicant nor the Advocate for the Applicant was present, either physically or through V.C. mode. 2. This Anticipatory Bail Application is pending since the year 2023. As such, the record is perused with the assistance of Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State. 3. On 11 December 2023, the following order was passed: “1) Heard the learned Counsel for the parties. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.22 20:15:41 +0530 2/4 33-ABA-3435-2023 (CR).DOC 2) This application is preferred for pre-arrest bail in connection with C.R. No. 339 of 2023, registered with Khed police station, Ratnagiri, for the offences punishable under Sections 403, 406, 420, 465, 468 and 471 read with Section 34 of Indian Penal Code, 1860 (“the Penal Code”). 3) The first informant had purchased premises situated at Khed under a Registered Sale-Deed dated 10th July, 2017 from the applicant, who claimed to be the absolute owner thereof. The first informant parted with a consideration of Rs.29 Lakhs. In the month of February, 2023, the first informant was served with a notice by the Bank of Maharashtra to the effect that security interest was created over the said premises by Mr. Javed Parkar and Mohammad Mulla, the co-accused. Without clearing the encumbrance on the said property, the said premises was sold by the co-accused to the applicant on 23rd December, 2015 and the applicant had, in turn, transfered the same to the first informant. Hence, the report. 4) By an order dated 4th December, 2023 this Court had granted pre- arrest bail to Mohammad Hanif Hamja Mulla, one of the co- vendors of the applicant. By another order dated 5th December, 2023, the application of Javed Yusif Parkar, another co-vendor of the applicant, came to be rejected as the Court found that the amount which was credited to the account of the applicant came to be instantaneously transferred to the account of the said co- accused. 5) The learned APP seeks time to take instructions regarding the genuiness claim of the applicant about transfer of the amount to the account of co-accused Javed Parkar, as evidenced by the statement of account (Exhibit-F – pg. 47 of the application). 6) Prima facie, co-accused Javed Parkar appears to the real beneficiary of the fraud. In the circumstances, I am inclined to Shantanu S. Dhudum 3/4 33-ABA-3435-2023 (CR).DOC grant interim protection while directing the applicant to join in the investigation. 7) Hence, the following order:- ORDER I) In the event of arrest of the applicant in connection with C.R. No. 339 of 2023, registered with Khed police station, Ratnagiri, for the offences punishable under Sections 403, 406, 420, 465, 468 and 471 read with Section 34 of Indian Penal Code, 1860, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount. II) The applicant shall co-operate with the investigation and attend Khed police station, Ratnagiri on 18th, 19th and 20th December, 2023 in between 10.00 am to 1.00 pm and, thereafter, as and when directed by the Investigating Officer. III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case. IV) Stand over to 29th January, 2024.” 4. Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State, on instructions from the Investigating Officer, states that the Applicant has appeared before the Investigating Officer and has co-operated with the investigation in Crime No.339 of 2023. She submits that the investigation in Crime No.339 of 2023 is complete and the charge-sheet has been filed. In view of the same, she submits that the custodial interrogation of the Applicant is not required. Shantanu S. Dhudum 4/4 33-ABA-3435-2023 (CR).DOC 5. Considering the aforesaid statements made by Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent – State, the Applicant being granted interim protection by order dated 11th December 2023, and further, the Applicant not having breached the liberty granted and having co-operated with the investigation, notwithstanding the absence of the Advocate for the Applicant, the order dated 11th December 2023 is hereby confirmed and made absolute in terms of paragraph Nos. 7(I) and (III) thereof. 6. Anticipatory Bail Application No.3435 of 2023 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum