35A. BA-1355-26 1391-26 & 1580-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1355 OF 2026 Imtiyaz Ahmed Riyaz Ahmed & Ors. .. Applicants Versus The State of Maharashtra & Ors. .. Respondents WITH BAIL APPLICATION NO. 1391 OF 2026 Pravin Shridhar Patil .. Applicant Versus The State of Maharashtra & Ors. .. Respondents WITH BAIL APPLICATION NO. 1580 OF 2026 Naeem Akhatar Sageer Ahmad .. Applicant Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Mihir Desai, Senior Advocate a/w Mr. Javed Patel & Mr. Parth H. Zaveri i/by Mr. Momin M. Ahmed, Advocates for Applicants in BA 1355/2026  Mr. Shirish Gupte a/w P.D. Bachate, Mr. Omkar Wable, Mr. Aniket Nikam & Mr. Padmanabh S. Sangle, Advocates for Applicant in BA 1391/26  Mr. Niranjan Mundargi a/w Ms. Keral Mehta & Mr. Ameyprasad Atigre, Advocate for Applicant in BA 1580/26  Ms. Mankuwar M. Deshmukh, APP for State  Mr. Sanjeev B. Deore a/w Mr. S. Arman Ansari, Mr. Adita S. Deore and Mr. Shamshad Ali i/by Ms. Suchita J. Pawar, Advocates for Respondent No. 3 in BA 1355/26  Mr. Sanjeev B. Deore a/w Ms. Suchita J. Pawar, Mr. Arman Ansari, Mr. Adita S. Deore and Mr. Shamshad Ali, Advocates for Respondent No. 2 in BA 1580/26  Mr. Vikas Mourya i/by M.N. Sandhyanshiv, Advocate for Respondent No. 3 in BA 1391/26 This is the Corrected order as per speaking to the minutes order dated 25.08.2026 1 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 24, 2026 P. C. : 1. Heard learned Advocates appearing for the respective parties as shown in the Appearance Memo. 2. These three Bail Applications are filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with FIR No. 181 of 2025 registered with Pawarwadi Police Station, Malegaon, Dist. Nashik for the offences punishable under Sections 61(1), 318(4), 336(2) 338, 336(3) and 340(2) of Bhartiya Nyaya Sanhita, 2023 (for short "BNS"). 3. This group of three Bail Applications is coming from the education sector. Total number of accused in the present case are 24. BAIL APPLICATION NO. 1355 OF 2026:- 4. The case of the prosecution as vehemently argued to oppose the Bail Applications by Ms. Deshmukh, learned APP is to the effect that Applicants in BA 1355/26 have benefited monetarily despite not having worked and in that view of the matter, the salary earned by them has been illegally received by them. The next important submission which Ms. Deshmukh has argued is that the approval which has been given to these accused persons has been given with This is the Corrected order as per speaking to the minutes order dated 25.08.2026 2 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt retrospective effect. Prosecution would submit that there are two sets of complaints on the basis of which the Division Bench of this Court had to give directions for formation of SIT to investigate fraudulent appointment of teachers. She would submit that the teachers who did not get appointments have filed witness statements but more than that previous institutions where these very Applicants worked as teachers have placed cogent documentary evidence before the Investigating Officer (IO) which prima facie go to show that notwithstanding the appointment order in favour of these Applicants from 01.09.2021 onwards, these very Applicants have even thereafter continued to work in their previous schools and have received salary by virtue of those schools being 100% aided schools from the Government as well as under their new appointment. 5. Ms. Deshmukh in her usual fair mindedness informs the Court that the aforesaid submissions are qua accused Nos. 3 and 5 i.e. Aafaque Anjum Ashfaque Ahmad and Shaikh Arif Ibrahim. She would submit that both joined their new school by virtue of appointment orders dated 02.09.2021 and 02.08.2019. Prima facie Ms. Deshmukh has been able to place the material on record which shows that despite these appointment orders and both these Applicants worked in their previous school. Ms. Deshmukh has placed the muster roll of their This is the Corrected order as per speaking to the minutes order dated 25.08.2026 3 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt previous schools of they having worked after their date of appointment in the new school. 6. Ms. Deshmukh is directed to file appropriate affidavit with the above material for consideration and copy of the same shall be given to Mr. Desai, learned Senior Advocate. She shall place on record the material to show the signatures of these two accused persons to enable this Court to consider the submissions of prosecution. 7. Insofar accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and accused No. 4 - Faheem Ahmad Iqbal Ahmad are concerned, they stand on different footing altogether. 14 out of 21 accused persons who are similarly placed teachers and Government Servants who had secured appointments in the new school have already been granted anticipatory bail by this Court and further 2 accused persons have been granted regular bail. Chargesheet has been filed. Investigation is completed. Accused Nos. 2 and 4 are teachers appointed by virtue of their new appointment orders but which are deemed or claimed to be illegal. Hence, their case is not different than those who have been enlarged on bail and they deserve parity. Their complicity, if any, can be decided at trial. 8. In view of the above, I am inclined to consider release of accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and accused No. 4 - This is the Corrected order as per speaking to the minutes order dated 25.08.2026 4 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt Faheem Ahmad Iqbal Ahmad on bail on following terms and conditions:- 9. In view of the above the following order is passed:- (i) Accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and accused No. 4 - Faheem Ahmad Iqbal Ahmad are directed to be immediately released from prison in connection with FIR No. 181/2025; (ii) Applicants are directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- each (Rs. Fifteen Thousand Each only) with one surety of the like amount; (iii) Applicants shall report to the Investigating Officer at Pawarwadi Police Station, once every three months on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicants 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) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court; This is the Corrected order as per speaking to the minutes order dated 25.08.2026 5 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt (vi) Applicants shall not influence with any of the witnesses or tamper with the evidence in any manner; (vii) Applicants 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 Applicants. 10. Insofar as accused Nos. 3 and 5 are concerned, pursuant to the affidavit filed by prosecution, the Bail Application shall be heard on the next date. BAIL APPLICATION NO. 1391 OF 2026:- 11. Insofar as Bail Application No. 1391 of 2026 is concerned, Applicant - accused No. 6 - Pravin Shridhar Patil was working as Education Officer with the State Government / Zilla Parishad. Indictment and charge against him is that he has granted approval for appointment of teachers who are arraigned as other accused persons in the present crime and fraud is claimed to have been committed by him. Insofar as the present Applicant is concerned, it is prima facie seen that he has granted approval to Teachers' appointment on the proposal submitted by the Management / Principals of the Schools on the basis of scrutiny done by the Deputy Education Officer and the This is the Corrected order as per speaking to the minutes order dated 25.08.2026 6 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt Officer Superintendent and other staff members of his office. There is no precise or specific role attributed to the Education Officer having granted approval and committed fraud and / or he having received any returns therefrom and / or he being the beneficiary of any monies. By order dated 30.09.2025, Deputy Education Officer who had scrutinized the proposal for appointment of these very teachers is enlarged on regular bail by learned Trial Court whereas on 13.08.2026, the Office Superintendent who had also scrutinized the proposal and prepared the same has been released on bail on the ground of parity by the learned Sessions Judge. In that view of the matter and in view of the role of the present Applicant i.e. accused No. 6 - Education Officer being no different, I am inclined to allow the present Application. 12. In view of the above the following order is passed:- (i) Applicant i.e. accused No. 6 - Pravin Shidhar Patil is directed to be immediately released from prison in connection with FIR No. 181/2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at Pawarwadi Police Station, once every three months on This is the Corrected order as per speaking to the minutes order dated 25.08.2026 7 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt 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 with 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 Applicants. 13. Bail Application No. 1391 of 2026 is allowed and disposed. BAIL APPLICATION NO. 1580 OF 2026:- 14. Insofar as Applicant - Naeem Akhatar Sageer Ahmad is concerned, Ms. Deshmukh would submit that the said Applicant had received unnatural benefit of approximately Rs. 46 Lakh by virtue of This is the Corrected order as per speaking to the minutes order dated 25.08.2026 8 of 9 35A. BA-1355-26 1391-26 & 1580-26.odt arrears of he having worked in the previous school. Details of the same shall be placed on affidavit to enable this Court to consider the same. However, if Court finds that Applicant is really entitled to the said amount, in that case appropriate orders will be passed on the next adjourned date. 15. In view of the above, only Bail Application No. 1391 of 2026 is allowed and disposed. Bail is also granted to two Applicants in Bail Application No. 1355 of 2026. 16. 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. 17. Bail Application No. 1355 of 2026 is partly allowed in respect of accused Nos. 2 and 4 are concerned and for accused Nos. 3 and 5 concerned, said Application along with Bail Application No. 1580 of 2026 is adjourned for further hearing to 7th September, 2026. Amberkar [ MILIND N. JADHAV, J. ] This is the Corrected order as per speaking to the minutes order dated 25.08.2026 9 of 9 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.25 20:25:39 +0530