Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 2793 (BOM)

Ananda @ ANANDRAO BABURAO JADHAV v. STATE OF MAHARASHTRA AND ANR.

BA/504/2026 · 2026-07-07

Shri Mehroz Ashraf Khan Pathan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

501 BA NO. 504 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 504 OF 2026 Ananda @ Anandrao Baburao Jadhav Versus The State Of Maharashtra And Another … • Mr. Ranjeet H. Patil a/w Mr. Dhavalsinh Patil, Advocate for Applicant • Mrs. Ashvini A. Takalkar, APP for Respondents - State … CORAM : MEHROZ K. PATHAN, J. DATED : 07.07.2026 PER COURT : 1. Heard learned counsel for the applicant and learned APP for the respondents – State. 2. The applicant seeks regular bail in connection with Crime No.382/2024 registered with Ichalkaranji Police Station, District Kolhapur, for the offences punishable under Sections 34, 407, 409, 420, 465, 467, 468 and 471 of the Indian Penal Code, 1860. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present crime. It is submitted that the entire loan amount obtained by the applicant on the strength of the warehouse receipts was transferred to the account of the main accused, which is evident from the applicant's bank statement. According to the prosecution's own affidavit, out of the loan amount Jhs/ 1/5 501 BA NO. 504 OF 2026 of Rs.24,78,000/-, a sum of Rs.24,55,000/- was transferred on 21.08.2023 to the account of accused No.9 – Irfan Tayyub Motalani, while only Rs.23,000/- remained in the applicant's account. It is further submitted that the applicant, a genuine farmer, has himself been cheated by the main accused, Razzaq Motalani, who is already in custody, and is not a beneficiary of the alleged fraud. The applicant is a permanent resident of Village Ghogaon, District Sangli, owns agricultural land, has deep roots in society, and is not likely to abscond. Upon instructions, learned counsel further submits that, without prejudice to his rights and contentions, the applicant is willing to deposit the amount of Rs.23,000/- before the trial Court to demonstrate his bona fides and is ready to abide by any conditions that may be imposed by this Court. 4. Per contra, the learned APP vehemently opposes the application. It is submitted that the applicant, in connivance with the co-accused, secured a loan of Rs.24,78,000/- from Sangli Urban Bank, Islampur Branch, by producing forged warehouse receipts showing pledge of agricultural produce, whereas, upon verification, no such goods were found to have been pledged. It is further submitted that the offences involve cheating, criminal breach of trust and forgery of valuable security, which are grave in nature. According to the prosecution, if released on bail, the applicant may tamper with Jhs/ 2/5 501 BA NO. 504 OF 2026 the prosecution evidence or indulge in similar activities. Hence, the application may be rejected. 5. I have carefully considered the rival submissions and perused the investigation papers as well as the charge-sheet. I have also taken into consideration the order dated 19.03.2025 passed by this Court at the Circuit Bench, Kolhapur in Criminal Bail Application No. 158 of 2025 (Shreyas Sanjay Mane vs. State of Maharashtra) and the order dated 16.02.2026 passed in Criminal Bail Application No. 1888 of 2025 (Sushant Manikrao Kolekar vs. State of Maharashtra), and the order dated 09.06.2026, passed by this Court in Criminal Bail Application No. 264 of 2026 (Prahalad Baburao Jadhav vs. State of Maharashtra), whereby similarly placed co-accused have been enlarged on bail. 6. The applicant was arrested on 10.09.2024 and has remained in custody since then. Investigation is complete and the charge-sheet has already been filed. The charge-sheet is voluminous and several prosecution witnesses are yet to be examined. The trial has not commenced and is likely to take considerable time to conclude. In such circumstances, continued incarceration of the applicant would amount to prolonged pre-trial detention. 7. Having regard to the period of incarceration undergone by the applicant, the completion of investigation, the principle of parity with Jhs/ 3/5 501 BA NO. 504 OF 2026 the co-accused who have already been released on bail, and the fact that the applicant has expressed his willingness to deposit the amount of Rs.23,000/- lying in his account, I am of the opinion that the applicant deserves to be enlarged on bail. The apprehension expressed by the learned APP can be adequately addressed by imposing appropriate conditions. Hence, the following order :- O R D E R i. The Bail Application is allowed. ii. The applicant, Ananda @ Anandrao Baburao Jadhav, shall be released on bail in connection with Crime No.382/2024 registered with Ichalkaranji Police Station, District Kolhapur, for the offences punishable under Sections 34, 407, 409, 420, 465, 467, 468 and 471 of the Indian Penal Code, 1860, on furnishing a P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount, subject to the following conditions: iii. The release of the applicant shall be subject to the following conditions :- A) The aforesaid order is subject to the Applicant depositing an amount of Rs. 23,000/- before the trial Court within a period of one week from today. B) The applicant shall report to the concerned Police Station once in every three months till conclusion of the trial. C) The Applicant shall attend the trial Court regularly. D) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses. Jhs/ 4/5 501 BA NO. 504 OF 2026 E) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses of the residence and phone numbers of himself and two of the near relatives. 8. In the event of failure to deposit the amount of Rs.23,000/- within the stipulated period or breach of any of the above conditions, it shall be open to the prosecution to seek cancellation of bail. 9. The observations made herein are prima facie in nature and shall not influence the Trial Court while deciding the case on its own merits. 10. The Bail Application stands disposed of accordingly. ( MEHROZ K. PATHAN, J. ) Jhs/ 5/5