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2026 DAILYLAW 12175 (BOM)

RAJENDRA GULABSINGH JAHAV v. THE STATE OF MAHARASHTRA AND OTHERS

APPLN/3906/2026 · 2026-09-24

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Judgment text

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909-ABA-1832-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 ANTICIPATORY BAIL APPLICATION NO. 1832 OF 2026 1. Pandit Bhika Jadhav 2. Pramod Pandit Jadhav Versus The State Of Maharashtra Mr. P. B. Shirsath, Advocate for Applicants Mr. S. B. Jadhav, APP for Respondents/State WITH CRIMINAL APPLICATION NO. 3906 OF 2026 IN ABA/1832/2026 Rajendra Gulabsingh Jahav Versus The State Of Maharashtra And Others Mr. S. G. Laddha h/f Ms. S. A. Kothari and Mr. A. P. Lohade, Advocate for Applicant Mr. S. B. Jadhav, APP for Respondents CORAM :R. M. JOSHI, J. DATE :SEPTEMBER 24, 2026 P. C. : 1. At the outset, Mr. Laddha, learned Counsel, seeks leave of this Court to assist APP on behalf of Informant. 2. Learned Counsel for the Applicants records no objection for the same. 3. In view of this, Mr. Laddha, learned Counsel, is permitted to assist APP on behalf of Informant. In view of this, Criminal Application No. 3906/2026 for assist to APP stands disposed of. 4. Learned Counsel for the Applicants submits that the documents placed on record on the face of it indicates that the first informant and the 909-ABA-1832-2026.odt Applicants are at loggerhead. He drew attention of the Court to the order passed by this Court on one of such proceedings referring to the conduct of the informant. According to him, informant himself was vice-president as well as president of the Trust for substantial period from 2014 to 2025, as such, it does not stand in the mouth of the informant now to say any misappropriation has been done. It is his submission that having regard to these facts and considering the inordinate and unexplained delay in lodging of the report, this is a fit case to protect the liberty of the Applicants. 5. Learned APP and learned Counsel for the Informant opposed grant of any relief to the Applicants. It is their contention that the documents on record shows misappropriation of the funds of the Trust having been done by the Applicants. 6. A specific query was made to the learned Counsel for the Informant as to whether it is correct fact that the Informant was vice- president and president of the Trust for the period from 2014 till September, 2025. On instructions, he answers the same in affirmation. Next question was posed to him as to when it was came to knowledge of the Informant about audit report and alleged discrepancy, he is unable to respond to said query. 7. Prima facie this indicates that there is unexplained delay in lodging of the report. Having regard to the observations made by this Court 909-ABA-1832-2026.odt in order dated 03.12.2024 in ABA No. 1954/2024, this Court has reason to believe that this could be a case of false implication. As such, liberty of the Applicants deserve to be protected till next date of hearing. Hence, the order: O R D E R (i) Issue notice to the Respondents, returnable on 28.10.2026. Learned APP waives service of notice on behalf of Respondent. (ii) Till next date, in the event of arrest of the Applicants in connection with C.R. No. 436/2026 registered with Chikalthana Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sections 420, 406, 407, 463, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) each with one surety in the like amount. (iii) They shall attend the concerned police station as and when required. (iv) They shall not contact the witnesses directly or indirectly. (v) They shall not interfere with the evidence in any manner whatsoever. (vi) They are further directed to cooperate the investigating agency for further investigation. 8. Learned APP to communicate this order to concerned police station. (R. M. JOSHI, J.) Malani