28-ABA-3408-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3408 OF 2023 Arun Rangrao Rokade ...Applicant Versus State of Maharashtra ...Respondent _______________________________________________________________ Mr. Vaibhav Gaikwad, Advocate for the Applicant (through VC). Mr. N.B. Patil, APP for the Respondent – State. PC S. V. Khilare, Karad City Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 28th September, 2026. P.C. : 1. Heard Mr. Vaibhav Gaikwad, learned Advocate for the Applicant and Mr. N. B. Patil, learned APP for the Respondent – State. 2. On 08.12.2023, the following order was passed :- 1. Heard the learned counsel for the applicant and the learned APP for the State. 2. This application is preferred seeking pre-arrest bail in connection with C.R. No. 1149 of 2023 registered at Karad City police station for the offences punishable under sections 406, 409 and 420 read with 34 of Indian penal Code, 1860. 3. The applicant and his wife (co-accused) has taken four shops of the first informant on lease and started a grocery market "E Store". The applicant and the co-accused allegedly induced the first informant to invest a sum of Rs. 25 lakhs in the E Store by making representation that the first informant would get return of Rs. 1 lakh per month, for 35 months. The first informant would also get 5% of the sale Arjun 1 28-ABA-3408-2023.doc value, per month. The applicant and the co-accused neither paid the rent nor returned the amount which the first informant had invested and thereby deceived the first informant to the tune of Rs. 23,60,000/-. Ther learned counsel for the applicant submitted that there was a commercial transaction between the applicant and the first informant. As the dispute arose, the applicant has been falsely roped in. 4. Prima facie, it appears that the genesis of the offence is in the commercial transaction between the parties. What was the real nature of the transaction between the parties and whether it was a case of failure to perform the promise or the intention of the applicant was dishonest since inception of the transaction, would warrant consideration. 5. In the backdrop and nature of accusation, it may be expedient to implead the first informant as party respondent and decide the application after providing an opportunity of hearing to the prosecution and first informant and in the meanwhile grant interim protection. 6. The applicant shall implead the first informant as party respondent No. 2. 7. Necessary amendment be carried out forthwith. 8. Issue notice to the respondents. 9. In addition to notice through Court, the applicant shall serve respondent No. 2 by private service and file affidavit of service. 10. In the meanwhile, in the event of arrest in C.R. No.1149 of 2023 registered with Karad City police station, the applicant be released on bail on furnishing a P.R. bond in the sum of Rs.30,000/-with one or two sureties in the like amount. 11. The applicant shall cooperate with the investigation and attend Karad City police station, on 14th, 15th and 16th December 2023 in between 10 am to 1 pm and, thereafter, as and when directed. 12. The applicant shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case. Stand over to 24th January, 2023. 3. Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer, Karad Arjun 2 28-ABA-3408-2023.doc City Police Station and has co-operated with the investigation in Crime No. 1149 of 2023. He states that upon the completion of the investigation in Crime No. 1149 of 2023, chargesheet is filed by the Respondent – State and the matter is proceeding before the Judicial Magistrate First Class, Karad (“Trial Court”). He submits that the Applicant is regularly appearing before the Trial Court at Karad. 4. Mr. N. B. Patil, learned APP, on instructions from the Investigating Officer, Karad City Police Station, submits that the Respondent No. 2 was notified about the date of hearing fixed in this Application, however, the Respondent No. 2, has informed the Investigating Officer, that he is not willing to contest this Application. 5. Mr. N. B. Patil, learned APP, again on instructions from the Investigating Officer, states that Applicant has appeared before the Investigating Officer and co-operated with the investigation. Upon completion of the investigation, chargesheet is filed on 14.08.2026. He submits that the chargesheet is now registered as R.C.C. No. 107 of 2026 and is pending before the Judicial Magistrate First Class, Karad. 6. In view of the statements made by Mr. Vaibhav Gaikwad, learned Advocate for the Applicant and Mr. N. B. Patil, learned APP for the Arjun 3 28-ABA-3408-2023.doc Respondent – State, the Applicant being on interim bail since 08.12.2023 and there being there being no allegations of any breach of the conditions of the order dated 08.12.2023, this Application is allowed by confirming the order dated 08.12.2023 and making the paragraph nos. 10 and 12 in the order dated 08.12.2023, absolute. 7. Anticipatory Bail Application No. 3408 of 2023 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.30 21:54:31 +0530