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2026 DAILYLAW 10483 (BOM)

TANAJI RAGHUNATH LENGARE v. THE STATE OF MAHARASHTRA AND ANR.

ABA/471/2026 · 2026-09-22

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Judgment text

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1/6 44- ABA-471-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 471 OF 2026 Tanaji Raghunath Lengare …...Applicant VERSUS The State Of Maharashtra And Anr. …...Respondents ---- Mr. Ritesh M. Thobde a/w Mr. Mervin Bardeskar, for Applicant. Mr. Nitin B. Patil, A.P.P. for Respondent Nos.1 and 2 - State. API, Mr. Shailesh Khedkar, Crime Branch, Solapur, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 22nd SEPTEMBER, 2026. P.C. 1. Heard Mr. Ritesh M. Thobde, learned Advocate for the Applicant and Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 - State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 292 of 2026 registered at Sadar Bazar Police Station, Solapur, for offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.23 10:33:19 +0530 2/6 44- ABA-471-2026 (CR).DOC 3. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, states that there are five (5) accused in Crime No.292 of 2026 and the Applicant is Accused No.4. 4. The prosecution case is that the accused persons in Crime No. 292 of 2026 connived to forge documents in respect of the properties owned by the Informant (Nilesh Pakale). The F.I.R. states that a false and fabricated Power of Attorney was executed, creating the impression that the Informant and his father (Virbhadra Pakale) had executed the Power of Attorney in favour of Ajay Bagal (Accused No. 1). On the basis of the said fabricated Power of Attorney dated 6th February 2026, Ajay Bagal sold the Informant's properties. 5. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, submits that the allegations in the crime are that Ajay Bagal, representing himself to be the constituted Power of Attorney holder of the Informant and his father, executed a sale deed dated 26th February 2026 in favour of the Applicant and Raviraj Lengre (Accused No.2). He submits that the Applicant purchased the property from Ajay Bagal by virtue of a registered sale deed. He submits that apart from the allegation that the Applicant is the purchaser in the sale deed dated 26th February 2026, the Applicant has no other involvement in Crime No. 292 of 2026. He submits that Ajay Bagal, Raviraj Lengre, and Kalyan M. Babar (Accused No. 5) in Crime No. 292 of 2026 have been released on Regular bail/Anticipatory Bail. He Shantanu S. Dhudum 3/6 44- ABA-471-2026 (CR).DOC further submits that Dayanand Swami (Accused No.3) has been issued notice under Section 35(3) of the BNSS, 2023. He submits that the Applicant is not involved in the crime, that he shall appear before the Investigation Officer and cooperate in the investigation. 6. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos. 1 and 2 – State, submits that although the allegations in Crime No. 292 of 2026 are that the Applicant, along with Raviraj Lengre, purchased the property from Ajay Bagal by executing the sale deed dated 26th February 2026, the said sale deed was executed on the basis of a fabricated Power of Attorney by Ajay Bagal. He further submits that the Applicant was aware that the Power of Attorney was fabricated and despite that knowledge, executed the sale deed. He submits that the Applicant has an antecedent in respect of an offence under Sections 498A and 302 of the IPC. 7. Mr. Ritesh M. Thobde, learned Advocate for the Applicant, in rejoinder, submits that the Applicant has been granted bail in the offence referred to by Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 – State. 8. Perused the record with the assistance of the learned Advocates appearing for the parties. 9. The allegations against the Applicant in Crime No. 292 of 2026, as submitted by Mr. Ritesh M. Thobde, learned Advocate for the Applicant, Shantanu S. Dhudum 4/6 44- ABA-471-2026 (CR).DOC are that the Applicant purchased the property by virtue of a sale deed dated 26th February 2026, which the Informant claims is his. Ajay Bagal is alleged to have executed the said sale deed based on the Power of Attorney of the Informant and his father, which is alleged to be forged. The case is essentially based on documentary evidence. 10. Mr. Nitin B. Patil, learned A.P.P. for Respondent Nos.1 and 2 – State, on instructions, submits that the documents which are the subject matter of Crime No.292 of 2026 have been seized by the Investigating Officer. 11. Ajay Bagal and Raviraj Lengre have been granted Regular Bail. Kalyan M. Babar (Accused No.5) has been granted Anticipatory Bail by this Court vide order dated 17th June 2026 in Anticipatory Bail Application No. 308 of 2026. 12. Considering the nature of the allegations against the Applicant and the circumstances referred to hereinabove, custodial interrogation of the Applicant in Crime No. 292 of 2026 is not required. 13. This Application is allowed on the following conditions: ORDER A) In the event of arrest of the Applicant – Tanaji Raghunath Lengare, in Crime No.292 of 2026 registered with Sadar Shantanu S. Dhudum 5/6 44- ABA-471-2026 (CR).DOC Bazar Police Station, Solapur, for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) of the BNS, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two sureties in the like amount to the satisfaction of the Investigating Officer, Sadar Bazar Police Station, Solapur. B) The Applicant shall appear and report before the Investigating Officer at Sadar Bazar Police Station, Solapur on 28th, 29th and 30th September 2026 from 10:00 a.m. to 1:00 p.m. and thereafter as and when required by the Investigating Officer, Sadar Bazar Police Station, Solapur. The Applicant shall cooperate with the investigation of Crime No.292 of 2026. C) The Applicant shall on 28th September 2026 provide the Investigating Officer with his residential address along with proof thereof, his contact number and shall inform the Investigating Officer of any change in the said information from time to time. D) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted Shantanu S. Dhudum 6/6 44- ABA-471-2026 (CR).DOC with the facts of the case so as to dissuade such person from disclosing the facts to the Court or to any police officer. E) The Applicant shall not tamper with the evidence, in any manner. 14. The observations made in this order are prima facie relevant to deciding the Bail Application and will not affect the trial. 15. Criminal Anticipatory Bail Application No.471 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum