Extracted from the PDF above. The PDF is authoritative.
908-ABA-1801-2026 Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1801 OF 2026 Sunilkumar Ram Avadhsingh ...Applicant V/s. State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO. 3012 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO. 1801 OF 2026 Gurdeep Singh Santhok Ajmani ...Applicant V/s. State of Maharashtra
...Respondent
Adv.Veerdhawal Deshmukh with Mr.Ameyprasad Atigre for the Applicant. Adv. Bapu V. Holambe, APP for the Respondent – State. API- Mr. Rohan Deshmukh (IO), PSI - Mr. Nitin Kamble (Pairavi Officer), Amboli Police Station, Mumbai are present in Court.
CORAM: PRAFULLA S. KHUBALKAR
, J.
DATE : 23
rd SEPTEMBER, 2026.
P.C. :-
1. Heard learned counsel for applicant as well as learned APP for the Respondent - State
2. The applicant is apprehending arrest in connection with Crime No. 1218 of 2025, dated 18.12.2025, registered with Amboli Police Station, 1/5
908-ABA-1801-2026 Brihanmumbai (City), for the offence punishable under Sections 340(2), 336(3), 338, 336(2), 316(2) and 318(4) of Bharatiya Nyaya Sanhita (BNS),
2023.
3. The allegations in the FIR are that the applicant had allegedly committed substantial financial fraud, forgery, and breach of trust against the partnership firm M/s Ajmani Consultancy Services. Having initially secured a Rs. 2,00,000/- vehicle loan from the firm in August, 2016 to operate a Hyundai Santro Taxi (MH-02-BQ-7521), the accused later defaulted on his monthly installments after November, 2019 leaving an outstanding balance of Rs. 2,18,200/-. 4 It is alleged that in October, 2024 the applicant deceptively obtained the vehicle's original R.C. Book under the mask of photocopying it for repairs and never returned it. Applicant then forged the firm’s official letterhead, rubber stamps, and signatures, falsely representing the partnership as a proprietorship under a fake name ‘Asif Nameed’. Using these fabricated documents, a fraudulent Form-35 application was filed at the Andheri RTO and the applicant bypassed the requirement for a legitimate No Objection Certificate and illegally transferred the vehicle's ownership out of the victim's company name, and re-registered it under a different financier naming M/s Sai Enterprises, HP Finance.
5.
Learned counsel for applicant points out that the record explicitly demonstrates that the applicant had already completed the full and 2/5
908-ABA-1801-2026 final repayment of the loan amount availed from the finance company. It is submitted that despite the complete liquidation of the liability, the finance company arbitrarily began demanding additional and unsubstantiated sums of money from the applicant, resorting to severe threats, intimidation, and unlawful pressure. In response to this continuous harassment and illegal extortion, the applicant proactively approached the authorities and issued multiple formal written communications to both the Regional Transport Office and the Police Department, detailing the illegal acts and threats perpetrated by the finance company. Learned counsel for the applicant also states that the applicant has no criminal antecedents and is ready to extend his cooperation to the Investigating Agency as and when required. He also submits that the applicant has attended the police station in accordance with the interim protection order dated 10.07.2026 and therefore the interim protection be confirmed.
6. The learned APP has vehemently opposed the application, contending that the complainant operates a firm under the name and style of M/s Ajmani Consultancy Services, from which the applicant had availed a loan facility. It is alleged that the applicant, without liquidating the outstanding balance of Rs. 2,18,200/-, fraudulently fabricated a bogus letterhead, rubber stamp, and forged the signatures of the informant. The applicant allegedly affixed this counterfeit rubber stamp onto Form No. 35 and dishonestly submitted these fabricated documents to various government authorities, including the Regional Transport Office thereby 3/5
908-ABA-1801-2026 leading to the unauthorized deletion of the informant's company from the financier details in the Registration Certificate Book. Learned APP submits that the application deserves rejection on the grounds that the offence is serious and involve a complex case of cheating and forgery. It is further submitted that the applicant's custodial interrogation and physical arrest are absolutely essential to unearth the wider conspiracy.
7.
Learned counsel for the complainant / intervenor also opposed the application and submitted that the applicant has committed forgery of documents and by using forged signatures has misrepresented about the status of the complainant’s concern as a partnership firm and proprietary concern. He submitted that the applicant has submitted the forged documents to the office of RTO and thus committed the offences alleged.
8. Perused the FIR and documents placed on record. It has to be noted that the FIR is registered after a period of about 11 months from 27th January, 2025, which is the date of communication with RTO. The applicant’s contention that after repayment of loan, the finance company has demanded additional amount and on that count has given threats to the applicant, is a part of investigation. It is clear that the case against the applicant relies entirely on documentary evidence. The material documents in question have already been submitted to the Investigating Officer and are under his custody. As the entire dispute centers on documentary evidence, the custodial interrogation of the applicant is not required, to advance the investigation. Consequently, the presence of the applicant can be secured, by directing him to join the investigation. There is 4/5
908-ABA-1801-2026 nothing to show that the applicant has misused the interim protection order and therefore, the interim protection granted to the applicant earlier needs to be confirmed.
9. Hence, in view of the above, it is directed that the interim protection granted by this Court by order dated 10.07.2026 stands confirmed with modification of condition of attendance of police station with a direction that applicant shall attend the police station as and when called upon. Accordingly, the instant application for anticipatory bail is allowed.
(PRAFULLA S. KHUBALKAR, J.) 5/5