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2026 DAILYLAW 17141 (BOM)

KIRAN BALIRAM BHOIR v. STATE OF MAHARASHTRA

BA/3294/2026 · 2026-10-09

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Judgment text

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86. BA-3294-26 & IA-2892-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3294 OF 2026 Kiran Baliram Bhoir .. Applicant Versus State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO. 2892 OF 2026 IN BAIL APPLICATION NO. 3294 OF 2026 Kirti Ratilal Shukla .. Intervenor / First Informant IN THE MATTER OF: Kiran Baliram Bhoir .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Harshad Bhadbhade a/w Mr. Harshad Sathe, Mr. Dilip Satale & Ms. Swati Panjwani i/by SHB Legal, Advocates for Applicant  Mr. Amit K. Munde, APP for State  Mr. Vikram R. Sutariya a/w Mr. Rishabh D. Dingh, Mr. Tapan Radkar & Ms. Leepika B. Rasiwasia i/by DSK Legal, Advocates for Intervenor  Mr. Pankaj Ghatkar, PI, EOW, Raigad ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 9, 2026 P. C. : 1. Heard Mr. Bhadbhade, learned Advocate for Applicant; Mr. Munde, learned APP for State and Mr. Sutaria, learned Advocate for Intervenor. 1 of 5 86. BA-3294-26 & IA-2892-26.odt 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular Bail in connection with FIR No. 186 of 2026 registered with Karjat Police Station, Raigad for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS"). 3. Applicant is indicted in the present crime and arraigned as accused No. 7. The principal accused in the present crime which relates to cheating, forgery and impersonation of substantive documentary material is accused No. 1. Insofar as the present Applicant is concerned, he is a xerox machine operator for many years. He has no criminal antecedents. Charge of the prosecution against him is that he had used a stamp of a Special Executive Officer for certifying the copy of a registered sale deed of 1980 as a true copy. Admittedly, the stamp is that of the S.E.O. whose statement is recorded where he himself stated that between 1999 and 2004, he had kept and given his said stamp to the Applicant. The prosecution has recovered the said stamp and all other things associated therewith from the Applicant. No further recovery is required to be made from the Applicant. 4. The thrust of the prosecution argument and the argument of learned Advocate for Intervenor is that role of the Applicant is that of he being involved in a deep-rooted conspiracy with regard to the 2 of 5 86. BA-3294-26 & IA-2892-26.odt registered sale deed of 1980 which on the basis of the stamp of it being a true copy was used by the accused No. 1 for furthering his interest in the property by approaching the Revenue Authorities for reconstruction of the said registered document. Whatever are the substantive rights of the parties will undoubtedly be governed by the proceedings before the Revenue Authority and the Civil Court in accordance with law. 5. Today, the Bail Application of the Applicant who is arraigned as accused No. 7 is before me. Though it is argued vehemently that Applicant was part of the conspiracy and was having absolute knowledge about the furtherance and use of the alleged true copy of the sale deed for extraneous purposes by the other accused person, prima facie, there is no incriminating material whatsoever which impels me to accept the said contention. 6. Complicity of the Applicant can be proved by the prosecution otherwise at trial where all questions are kept open. Applicant for his role and indictment has made out a case for grant of bail. Hence, the Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with FIR No. 186 of 2026; (ii) Applicant is directed to be released on bail on 3 of 5 86. BA-3294-26 & IA-2892-26.odt furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at concerned Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 4 of 5 86. BA-3294-26 & IA-2892-26.odt 7. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 8. Bail Application is allowed and disposed of in the above terms. Interim Application is also disposed. Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.10.09 20:52:27 +0530