22-ABA-2799-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2799 OF 2023 Siddhant Bhagwan Parab ...Applicant Versus The State of Maharashtra And Anr. ...Respondents _______________________________________________________________ Mr. Rohit Mahadik (through VC), Advocate for the Applicant. Dr. A. A. Takalkar, APP for the Respondent – State. PSI Pramod Patil, Sawantwadi Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 29th September, 2026. P.C. : 1. Heard Mr. Rohit Mahadik, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State. 2. On 06.10.2023, the following order was passed :- 1. Heard the learned Counsel for the parties. 2. This is an application for pre-arrest bail in connection with C.R.No.252 of 2023 registered with Sawantwadi Police Station for the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code. 3. Having regard to the nature of the accusation, it may be expedient to implead the first informant as party Respondent to this application. 4. The learned Senior Counsel for the Applicant seeks leave to amend the application so as to implead the first informant as party Respondent. 5. Leave granted. 6. Necessary amendment be carried out forthwith. Arjun 1 22-ABA-2799-2023.doc 7. Issue notice to the Respondents, returnable on 7 November 2023. 8. Learned APP waives service on behalf of the Respondent – State. 9. In addition to notice through Court, the applicant is at liberty to serve the first informant by private service and file an affidavit of service. 10. The gravamen of indictment against the applicant is that the applicant has initially borrowed a sum of Rs.10 Lakhs from the first informant in the year 2015. Later on, the applicant agreed to sell a flat to the first informant for a consideration of Rs.15 Lakhs. The balance amount of Rs.5 Lakhs was paid by the first informant and the Sale Deed was executed on 17 February 2017. The Applicant, however, did not deliver possession of the flat. In the year 2022, when the first informant visited the building where the flat is situated, the flat was found in a sealed state. Upon inquiry, it transpired that the applicant had again transferred the said flat to one Amit G. Paste, by executing an Agreement for Sale and the said transferee had availed a loan, from Bank of India, and the said flat was again mortgaged to Swami Vivekanand Nagari Sahakari Patsanstha. 11. The learned Counsel for the Applicant submitted that the real transaction between the parties was one of money lending. Documents were executed to cover the investment. The applicant will reverse the transaction entered into with Amit G. Paste, and the entire loan of Bank of India is repaid and the loan of Swami Vivekanand Nagari Sahakari Patsanstha will also be repaid within a couple of weeks. 12. The learned APP submitted that the applicant has transferred one and the same property to multiple transferees and raised the amounts. 13. Prima facie, it appears that initially the transaction between the first informant and the applicant was of a hand loan. It further appears that the applicant has entered into multiple transactions in respect of the very same premises. However, having regard to the nature of the accusation, at present, custodial interrogation of the applicant does not seem to be warranted. The Applicant can be directed to join in the investigation. If the investigation reveals the complicity of the applicant, in the sense that, the transactions were entered into with an intent to deceive the prior transferees, the said factor can be considered at the stage of final disposal of the application. Hence, I am inclined to exercise the discretion in favour of the applicant. Arjun 2 22-ABA-2799-2023.doc 14. Hence, the following order: ORDER (i) In the event of the arrest of the Applicant Siddhant Bhagwan Parab in connection with C.R.No.252 of 2023 registered with Sawantwadi Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The Applicant shall co-operate with the investigation and report to Sawantwadi Police Station on 16th, 17th, 18th and 19 October 2023 in between 10.00 a.m. to 1.00 p.m. (iii) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant, any of the prosecution witnesses or any of the persons acquainted with the facts of the case. (iv) Stand over to 7 November 2023. 3. Mr. Rohit Mahadik, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer, Sawantwadi Police Station and has co-operated with the investigation in Crime No. 252 of 2023. He submits that the investigation in Crime No. 252 of 2023 is complete and the chargesheet is filed. He submits that Crime No. 252 of 2023 is now registered as R.C.C. No. 10 of 2025 and is pending before the Judicial Magistrate First Class, Sawantwadi. He submits that the Applicant is appearing before the Judicial Magistrate First Class, Sawantwadi. 4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on instructions from the Investigating Officer, Sawantwadi Police Station, states that the Applicant has appeared before the Investigating Officer Arjun 3 22-ABA-2799-2023.doc and co-operated with the investigation in Crime No. 252 of 2023. She submits that the investigation in Crime No. 252 of 2023 is complete, the chargesheet is filed, the same is registered as R.C.C. No. 10 of 2025 and is pending before the Judicial Magistrate First Class, Sawantwadi. She submits that the custodial interrogation of the Applicant is not required. 5. Mr. Rohit Mahadik, learned Advocate for the Applicant, states that the Respondent No. 2 is duly served in this Application. 6. In view of the statements made by Mr. Rohit Mahadik, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP that the chargesheet in Crime No. 252 of 2023, is filed, further, the Applicant being on interim bail since 06.10.2023, there being no allegations of breach of any bail conditions imposed in the order dated 06.10.2023, this Application is allowed by confirming the order dated 06.10.2023 and making the condition nos. 14(i) and (iii) of the order dated 06.10.2023, absolute. 7. Anticipatory Bail Application No. 2799 of 2023, is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.10.01 10:53:53 +0530