Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 16034 (BOM)

GANESH MADHUKAR GOTRAL v. THE STATE OF MAHARASHTRA

ABA/1919/2024 · 2026-10-06

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - aba2012.24.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 955 ANTICIPATORY BAIL APPLICATION NO. 2012 OF 2024 Ganesh Raghunath Pakhre ….Applicant VERSUS The State of Maharashtra …..Respondent Sarin Karishma Sanjay, Advocate for Applicant ,APP for Respondents Copy Served On P. P., P. P. For R/sole, Advocate for Respondents ….. WITH ANTICIPATORY BAIL APPLICATION NO. 1919 OF 2024 Ganesh Madhukar Gotral ..… Applicant VERSUS The State of Maharashtra .....Respondent ….. Zaware Suvarna M., Advocate for Applicant ,APP for Respondents Copy Not Served On P. P., P. P. For R/sole, Advocate for Respondents ….. WITH ANTICIPATORY BAIL APPLICATION NO. 17 OF 2025 Prasad Sanjay Bade ..… Applicant VERSUS The State of Maharashtra & another .....Respondents ….. Munde Suresh Walmikrao, Advocate for Applicant - 2 - aba2012.24.odt ,APP for Respondents Copy Served On P. P., P. P. For R. No. 1 And 2, Advocate for Respondents ….. CORAM : R. M. JOSHI, J. DATE : 6th OCTOBER, 2026. PER COURT : 1. Applicants in these applications seek pre-arrest bail in connection with Crime No. 0989/2024, registered with Tophkhana Police Station, District Ahmednagar, for the offences punishable under Sections 420, 465, 468, 471, 474 r/w 34 of Indian Penal Code. 2. In short, it is the case of the prosecution that on the basis of complaint received it was revealed that disability certificates were obtained by some of the persons against payment of illegal money to the employees of the hospital. There is allegation against Applicants Ganesh Phakhare and Prasad that such certificates are obtained by them in their name. Allegation against Applicant Ganesh Gotral in ABA No. 1919/2024 is that he is the one who was instrumental in preparing said bogus document. - 3 - aba2012.24.odt 3. Learned Counsel for Applicants submit that Applicants Ganesh Phakhare and Prasad are not beneficiaries of the crime and the said certificate has never been utilised anywhere to seek any benefit. Learned Counsel for Applicant Ganesh Gotral submits that the appointment order of the Applicant indicates that he had no concern with the work of preparation of any certificate and that he was required to update the data as data manager. Learned Counsel for the Applicants submit that pursuant to the interim relief granted by this Court, the Applicants have caused appearance before the Investigating Officer and cooperated in the investigation. It is their contention that now charge-sheet has been filed and as such there is no justification not to confirm the interim relief. 4. Learned APP opposed continuation of interim relief on the ground that the offence is serious and in any case, since the offence is transferred to EOW, it would be necessary for the Applicants to cause their appearance before the Investigating Officer. 5. Perusal of record indicates that pursuant to the order passed by this Court, the Applicants have appeared before the Investigating Officer. As far as Applicants Ganesh Phakhare and Prasad are - 4 - aba2012.24.odt concerned, admittedly, there is nothing collected during investigation to indicate their complicity in the crime. As far as Applicant Ganesh Gotral is concerned, there is documentary evidence on record indicating altogether job profile of this Applicant. In any case, now charge-sheet is filed. This Court therefore finds no justification not to confirm the interim relief. Hence, application stands allowed in terms of the interim order. In case, the Investigating Officer requires presence of Applicants, on written intimation they should be called. ( R. M. JOSHI, J.) dyb