501-ABA-3084-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3084 OF 2023 Allbakshi Farukshab Chapat …...Applicant Versus. The State of Maharashtra ...…Respondent ----- Mr. Rishikesh Mohite, Advocate for the Applicant. Ms. Shubhangi Deshmukh, A.P.P. for the Respondent-State. Mr. S. S. Gosavi, API, Satara City Police Station. ------- Coram : ASHWIN D. BHOBE, J. Date : 30th September 2026. PER COURT : 1. Heard, Mr. Rishikesh Mohite, learned Advocate for the Applicant, and Ms. Shubhangi Deshmukh, learned APP for the Respondent-State. 2. On 1st November 202, 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. 248 of 2023 registered at Satara police station for the offences punishable under sections 120-B, 406, 420, 468 and 471 read Suresh 1 of 4 501-ABA-3084-2023.doc with 34 of Indian penal Code, 1860. 3. The first informant lodged report with the allegations that he was induced to part with a sum of RS. 17,64,560/- by the co-accused Yuvraj Kamble by making a false representation that a tanker laden with oil would be sold and delivered at his place at Satara. On the instructions of the co-accused, the first informant claimed to have credited the amount to the account of Green Fuel Services, Dharwad, of which the applicant is the proprietor. Oil was not delivered, as promised. The first informant alleged that the co-accused as well as the applicant defrauded him of said the amount 4. The learned counsel for the applicant submits that the applicant had no transaction with the first informant. On the instructions of the co- accused, he had accepted the amount credited by the first informant in his account and, immediately, transferred the sum of Rs. 16,15,459/- to the account of Radhyesham Trading Company, who was to supply the oil. Radhyesham did not supply the oil. Hence, the co-accused Yuvraj lodged complaint against Gopal Gandhi, the Proprietor of the Radhyesham Trading. Attention of the Court was invited to the entry in the statement of accounts of the applicant and the UPI receipt. 5. The learned APP submitted that this fact has not been investigated into by the investigating officer. 6. The question as to whether the applicant was also privy to the offence and had dishonest intention since inception of the transaction would turn upon the credit of the amount by the applicant to Radhyeshyam Trading as alleged. It would, therefore, be necessary for the investigating officer to investigate into this aspect as well. 7. In the meanwhile, in the event of arrest in C.R. No.248 of 2023 registered with Sarara City police station, the applicant be released on Suresh 2 of 4 501-ABA-3084-2023.doc bail on furnishing a P.R. bond in the sum of Rs.30,000/-with one or two sureties in the like amount. 8. The applicant shall cooperate with the investigation and attend Satara City police station, on 9th, 10th and 11th November, 2023 in between 10 am to 1 pm and, thereafter, as and when directed. 9. 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 13th December, 2023.” 3. Mr. Rishikesh Mohite, learned Advocate, on instructions of the Applicant, states that the Applicant has appeared before the Investigating Officer in Crime No. 248 of 2023 registered at Satara Police Station and has fully cooperated with the investigation. He further states that the Applicant shall continue to cooperate with the investigation and appear as and when required by the Investigating Officer. 4. Ms. S. N. Deshmukh, learned APP for the State, though on 28.09.2026 tendered a Report dated 28.09.2026 (taken on record and marked as ‘X’ for identification), today, on instructions of the Investigating Officer investigating Crime No. 248 of 2023, submits that the Applicant had appeared before the Investigating Officer and has cooperated with the investigation in Crime No.148 of 2023. She submits that upon completion of the investigation in Crime No. 248 of 2023, charge-sheet has been filed before the Judicial Suresh 3 of 4 501-ABA-3084-2023.doc Magistrate First Class, Satara and the same is registered as R.C.C. No.212 of 2023. She states that a supplementary charge-sheet will also be filed in R.C.C. No.212 of 2023. She, on instructions of the Investigating Officer, states that custodial interrogation of the Applicant is not required in Crime No.248 of 2023. 5. Considering the aforesaid statements made by Mr. Rishikesh Mohite, learned Advocate for the Applicant and Ms. Deshmukh, learned APP for the State, and noting that the Applicant has been on interim bail since November 2023, with no allegations that the Applicant has violated any of the conditions of the bail, the order dated 01.11.2023 is confirmed and made absolute in terms of the conditions in paragraphs 7 and 9, thereof. 6. The Anticipatory Bail Application No.3084 of 2023 is disposed. [ ASHWIN D. BHOBE, J. ] Suresh 4 of 4