5-ABA-2200-2026 W IA-2767-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026 Amit Pashamlal Bhatia And Anr. …Applicants Versus The State of Maharashtra And Anr. …Respondents WITH INTERIM APPLICATION NO. 2767 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026 Jayshree Tushar Shah …Intervener (Original Complainant) IN THE MATTER BETWEEN :- Amit Pashamlal Bhatia And Anr. …Applicants Versus The State of Maharashtra …Respondent Adv. Prateei Thakur a/w Adv. Yash Tated, for the Applicants. Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State. Adv. Mubin H. Solkar a/w Adv. Tahir Hussain, Adv. Anas K. Shaikh, Adv. Mehrosh Solkar, Adv. Tahera Qureshi, Adv. Zahid Burud, Adv. Somania, Adv. Hemal Shah, Adv. Yakub Shaikh i/b Adv. Yusuf Mithi, for Intervener. API Vivek Bairagi, Nehru Nagar Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 24TH AUGUST 2026 P.C:- 24th August 2026 5-ABA-2200-2026 W IA-2767-2026.ODT INTERIM APPLICATION NO. 2767 OF 2026 1. This is an application for intervention filed on behalf of the original complainant. 2. The applicants have no objection for allowing the application. 3. Considering the fact that this is an application by the original complainant and no objection given by the applicant, the application is allowed and disposed of. Necessary amendment be carried out. ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026 4. Heard learned counsel for applicant as well as learned APP for respondent-State and learned counsel for complainant / respondent no.2. 5. The applicants are apprehending arrest in Crime No. 388 of 2026, registered with Nehru Nagar Police Station, Brihanmumbai, for the offence punishable under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 24th August 2026 5-ABA-2200-2026 W IA-2767-2026.ODT 6. Learned counsel for applicants submit that the offence is registered with respect to certain commercial transactions in between complainant and the applicants. The FIR is registered on the basis of report lodged by the complainant alleging that the applicant nos. 1 and 2, who are husband and wife, have failed to procure purchase orders from D-Mart and Wall-Mart despite acceptance of an amount of Rs. 20,63,000/- from time to time. 7. Learned counsel for applicants submits that there is delay of more than six months in lodging FIR. She also states that the transactions are purely civil in nature and in this regard invites attention to the notice dated 6th March 2026 (Exh-E) which is a notice for recovery of Rs. 20,63,000/- sent on behalf of the complainant. She states that there are no criminal antecedents against these applicants and they are ready to extend co- operation to the investigation agency. 8. The application is opposed by the learned APP for respondent-State as well as learned counsel for complainant. 24th August 2026 5-ABA-2200-2026 W IA-2767-2026.ODT 9. Learned counsel for complainant/respondent no.2 submits that the applicants have misrepresented that they have procured certain orders from D-Mart and Wall-Mart and have also secured some vendor code from Wall-Mart. It is also submitted that the applicants have obtained huge amount from time to time but have failed to procure any order for supply of drawing books, etc., as was initially agreed. It is also stated that the documents put forth by the applicants for the purpose pretending that the purchase orders are in process, are forged and an investigation needs to be conducted in that regard. 10. Considering the nature of allegations, it prima facie appears that there is a civil transaction with respect which the notice of recovery is already sent by the complainant. However, as regards the documents produced by the applicants in the nature of supply orders and vendor code, an investigation needs to be conducted. 11. Considering the nature of offence, the presence of these applicants can be secured by directing the applicants to attend the police station and extend co-operation. Hence, applicants are directed to attend the police station on Friday 28th August 24th August 2026 5-ABA-2200-2026 W IA-2767-2026.ODT 2026 and 31st August 2026 in between 10:00 a.m. to 2:00 p.m. and as and when called upon by the investigating agency. The applicants are directed to disclose the source of all the documents in the nature of vendor registration form and vendor agreements and all other documents, if demanded by investigating agency. Subject to these conditions, the applicants shall not be arrested till next date. 12. List the application for further consideration on 7th September 2026. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 24th August 2026