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2026 DAILYLAW 20347 (BOM)

VIJAYA VISHNU CHALKE AND ANR v. STATE OF MAHARASHTRA

ABA/1961/2026 · 2026-10-16

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Judgment text

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913-1961-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1961 OF 2026 Vijaya Vishnu Chalke And Anr. …Applicants Versus The State of Maharashtra …Respondent WITH INTERIM APPLICATION NO.2859 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1961 OF 2026 Ajit Vishnu Chalke …Applicant IN THE MATTER BETWEEN Vijaya Vishnu Chalke And Anr. …Applicants Versus The State of Maharashtra …Respondent Mr. Sahil A. Tejwani a/w Gaurav A. Tejwani a/w Sourabh S. Kate i/b AKT Legal Law Firm for the Applicants. Mr. S. V. Walve, APP, for the Respondent-State. Mr. Hrishikesh Ghorpade (through Video Conferencing) a/w Harshwardhan Pawar i/b Siddharth Sutaria, for the Intervenor. Mr. Ganesh Aatawe, PSI, attached to Sant Tukaramnagar Police Station, present. CORAM: MADHAV J. JAMDAR, J. DATED : 16th OCTOBER 2026 PC:- 1. Heard Mr. Tejwani, learned Counsel appearing for the Applicants, Mr. Ghorpade, learned Counsel appearing for the Page 1 Akash 913-1961-2026.DOC Intervenor and Mr. Walve, learned APP appearing for the Respondent-State. 2. By the present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the Applicants are seeking pre-arrest bail in connection with C.R. No.286 of 2026 registered with Sant Tukaramnagar Police Station, Pimpri Chichwad, for the offences punishable under Sections 336(2), 336(3), 338 & 340(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The prosecution case is set out in Paragraph No.2 of the Anticipatory Bail Application, which reads as under :- 2. The Facts of the Prosecution Case in a nutshell is as follows: i. The Original Complainant, Age: 52 years, Occupation: Business, Residing at: Anandi Building, Flat No. 101, Sector No. 20, Plot No. 99, Krishna Nagar, Chinchwad East, Pune 411019 (Mob No. 9960919000), hereby appear in person before the Sant Tukaramnagar Police Station and states that he resides at the aforementioned address along with his wife Santati Ajit Chalke (employed) and his son Aarav Ajit Chalke (studying in the 7th standard). He runs an engineering and supply chain business, which serves as the source of livelihood for his family. Page 2 Akash 913-1961-2026.DOC ii. Complainant further states that his father, the late Vishnu Bhaurao Chalke, passed away on 26/09/2020. Complainant had two brothers, namely Avinash Vishnu Chalke and Sachin Vishnu Chalke, who reside separately with their respective families. His sister, Shaila Mahesh Sapkal, resides at her matrimonial home. His mother, Smt. Vijaya Vishnu Chalke, aged 82 years, resides with his elder brother, Avinash Chalke. iii. Complainant states that his father owned substantial immovable properties, left in his name, including: A row house in Nigdi Pradhikaran, 4 flats and 3 commercial shops located in Krishna Nagar, Chikhali, a row house in Thorat Nagar, Sainik Vasahat, Akurdi, approximately 1 acre of land parcel situated at Tathawade, Agricultural lands situated in the Ratnagiri district, alongside various other movable assets. iv. Following the complainant's father's demise, judicial proceedings concerning the partition and distribution of his father's estate were initiated and are currently active before the Hon'ble Additional District & Sessions Court (Civil Division) at Morwadi, Pimpri, Pune. During these ongoing proceedings, Complainant was fully aware that his father had never executed any Will or testamentary document during his lifetime. Furthermore, his elder brother (Applicant No. 2) and mother (Applicant No. 1) had previously declared before the Hon'ble Court and the Senior Citizens Maintenance Tribunal, Pune, that our late father had not executed any form of Will. V. However, on 07/05/2026, while attending the Hon'ble District & Sessions Court at Morwadi, Pimpri, Complainant discovered that his mother, Smt. Vijaya Vishnu Chalke, and his elder brother, V. However, on 07/05/2026, while attending the Hon'ble District & Sessions Court at Morwadi, Pimpri, Complainant discovered that his mother, Smt. Vijaya Vishnu Chalke, and his elder brother, Shri. Avinash Vishnu Chalke, had produced and submitted a purported Will dated 30/09/2018 and a Supplementary Will dated 07/10/2018 allegedly executed in his father's name. Page 3 Akash 913-1961-2026.DOC vi. Consequently, the Complainant obtained certified copies of the said Will and Supplementary Will from the Hon'ble Court on 13/05/2026. Upon careful inspection of the documents, Complainant immediately realized that the signatures appearing on the Will and Supplementary Will were completely different from his father's genuine signature. vii. To verify this, Complainant preferred an application under the Right to Information (RTI) Act concerning the ₹500 non-judicial stamp paper (No. CT 612286) utilized for the execution of the alleged Will. Information obtained from the District Treasury Office, Pune, revealed that the said stamp paper was officially distributed / allotted to the licensed stamp vendor, Shri. Mukund Bhutada, for commercial sale only on 16/10/2024. Pursuing this trail further, Complainant collected data from the office of the Joint Sub-Registrar (Class-2), Haveli No. 10, Pune, which confirmed that the identical stamp paper was commercially purchased by issued to 'Mona Developers', Kondhwa, Pune, on 06/11/2024. viii. Furthermore, when Complainant contacted the stamp vendor whose name was recorded on the face of the disputed document, Shri. D. R. Bhuruk, he explicitly confirmed that he had never sold or dealt with that specific stamp paper. Additionally, information extracted from the office of the Joint Sub-Registrar (Class-2), Haveli No. 16, confirmed that the date recorded on the face of the document, 17/08/2018, was an official government holiday and that their office had absolutely not issued or distributed the stamp paper on that date. ix. The disputed Will also bore the official attestation and seal of a Notary Public named Ramkrishna Vithal Bhokare. Complainant cross-referenced credentials on the official Notary Portal maintained by the Ministry of Law & Justice, Government of India. The portal verified that Mr. Bhokare's official tenure to practice as a Notary Public had legally expired on 10/04/2014, meaning the attestation was executed long after his license lost validity. Shockingly, Page 4 Akash 913-1961-2026.DOC public records also revealed that the Notary, Shri. Ramkrishna Bhokare, passed away at the age of 80 years on 20/06/2019. x. Understanding these facts, Complainant forwarded the court-obtained Will to a private independent laboratory, 'Syndicate Forensic Services Pvt. Ltd.', operating out of Nexus Co-Working Space, Praise Icon, Thite Vasti, Thite Nagar, Kharadi, Pune. Their handwriting and forensic experts meticulously compared the signatures on the disputed stamp paper against verified, historical signatures of his father found on older, authentic family documents. The formal expert evaluation conclusively established that the signatures on the stamp paper were entirely forged and simulated. xi. This chain of events confirmed that Complainant's mother, Smt. Vijaya Chalke, and his brother, Shri. Avinash Chalke, fabricated and forged a completely false and counterfeit Will in the name of the Complainant's late father. Complainant also strongly suspects that the individuals who signed as attesting witnesses to this forged Will, namely Shri. Digambar Sadashiv Kale and Shri. Kisan Adinath Misal, were active participants and co-conspirators in this fraudulent exercise. xii. Therefore, the Complainant files this formal criminal complaint against his mother, Smt. Vijaya Vishnu Chalke (82 years), and his brother, Avinash Vishnu Chalke (60 years), residing together, who have acted in common intention and criminal conspiracy to submit a fabricated, forged Will before the Hon'ble Court and requested Legally appropriate criminal action may be initiated against them. 4. It is the submission of Mr.Tejwani, learned Counsel appearing for the Applicants, that Applicant No.1 is a lady of 82 years and she is the mother of the First Informant. He further submits that the Applicant No.2 is the real brother of the First Page 5 Akash 913-1961-2026.DOC Informant and he is of 58 years. He submits that the allegations are concerning Will Deed dated 30th September 2018 and Supplementary Will Deed dated 07th October 2018. It is further submitted that a civil dispute in respect of the same is also pending. Learned Counsel further submits that probate has already been issued. However, an application under Section 263 of the Hindu Succession Act, 1925, seeking revocation of the probate, is pending vide Civil M.A. No.733 of 2026. It is further submitted that the invesitgation is completed and the charge-sheet has been filed.Therefore, learned Counsel for the Applicants submit that Anticipatory Bail Application be granted. 5. As per the prosecution case, the Applicants in furtherance of their common intention prepared a forged Will in the name of Vishnu Bhaurao Chalke i.e. deceased husband of the Applicant No.1 and deceased father of the Applicant No.2. 6. Learned Counsel appearing for the Applicants tenders Affidavits dated 15th October 2025 of the Applicant No.1- Vijaya Vishnu Chalke as also Applicant No.2- Avinash Vishnu Chalke. In these Affidavits the statements are recorderd that these Applicants Page 6 Akash 913-1961-2026.DOC shall not take any benefit arising out of Will Deed dated 30th September 2018 and Supplementary Will Deed dated 07th October 2018. 7. On the other hand, Mr. Ghorpade, learned Counsel appearing First Informant, strongly opposes the application. He submits that in fact chargesheet also shows that the Applicants are involved in the crime and prepared forged and fabricated documents. To support the said contention reliance is placed on the statement of Dnyaneshwar Rohidas Bhuruk who is a stamp vendor. He has stated that, the stamp which has been shown to have been purchased from him has not been purchased from him and the signature and the stamps on the said stamp paper are not his signature and stamps. He has further stated that, he does not know deceased Vishnu Bhaurao Chalke and said deceased Vishnu Bhaurao Chalke has never came to him for purchase of stamp. Therefore, learned Counsel appearng for the First Informant submits that the Applicants are inolved in the crime and the Anticipatory Bail Application be dismissed. Page 7 Akash 913-1961-2026.DOC 8. Various documents annexed to the chargesheet shows that, prima facie the Applicants are involved in the crime. However, it is also required to be noted that the Applicant No.1 is the mother of the First Informant and senior citizen of 82 years. The Applicant No.2 is the brother of the First Informant and he is of 58 years. Chargesheet has alrady been filed. The Applicants have filed Affidavit dated 15th October 2026 stating that they shall not take any beneift arising out of Will Deed dated 30th September 2018 and Supplementary Will Deed dated 07th October 2018. 9. Thus, in above peculiar facts and circumstances the case is made out for grant of Anticipatory Bail, however, stringent conditions are required to be imposed. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant No.1- Vijaya Vishnu Chalke and Applicant No.2- Avinash Vishnu Chalke in connection with C.R. No. 286 of 2026 registered with Sant Tukaramnagar Police Station, Pimpri Chichwad, the Applicants are directed to be Page 8 Akash 913-1961-2026.DOC released on bail on their furnishing P.R. Bond in the sum of Rs.1,00,000/- each with one or two solvent sureties each in the like amount. (b) The Applicant No.1 shall attend the concerned Police Station as and when necessary. The Applicant No.2 shall attend the concerned Police Station once in fifteen days i.e. on the first and third Monday of each month between 11:00 a.m. to 02:00 p.m. till conclusion of the trial. (c) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. Page 9 Akash 913-1961-2026.DOC (f) The Applicants shall not leave India without prior permission of the learned Trial Court/Sessions Court. 10. The Anticipatory Bail Application is disposed of accordingly. 11. In view of the disposal of the Anticipatory Bail Application nothing survives in the Interim Application and the same is also disposed of. [MADHAV J. JAMDAR, J.] Page 10 Akash