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2026 DAILYLAW 5403 (BOM)

RAMESH KONDIBA PATIL v. STATE OF MAHARASHTRA

BA/1883/2026 · 2026-08-31

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Judgment text

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36-BA-1883-26.doc rsk IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1883 OF 2026 Ramesh Kondiba Patil .. Applicant Versus The State of Maharashtra .. Respondent ....................  Ms. Sana Raees Khan a/w. Mr. Devanand Bhosale for Applicant.  Mr. Amit A. Palkar, APP for Respondent-State.  Mr. Shette, PI, EOW, Pune. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 31, 2026 P.C. : 1. Heard Ms. Sana Raees Khan learned counsel for Applicant and Mr. Amit A. Palkar, learned APP for Respondent-State. 2. By this Bail Application, Applicant-accused is seeking enlargement on bail in Crime No.56 of 2025 registered with Wagholi Police Station, Pune for the offences punishable under Sections 420, 406, 408, 34 of IPC. Date of the incident is 21 October 2021 to 18 January 2024. 3. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with Crime No.56 of 2025 registered with Wagholi Police Station, Pune for the offences punishable under Sections 420, 406, 408, 34 of IPC. 1 of 5 RAJESHWARI SUBODH KARVE Digitally signed by RAJESHWARI SUBODH KARVE Date: 2026.09.01 18:30:13 +0530 36-BA-1883-26.doc 4. Applicant is arraigned as an accused person along with other three accused persons in the present crime. He is accused No.1. Admittedly, the applicant was the owner of the subject properties viz., Gat Nos.405 and 422 having bought them through registered conveyances in the year 2011-2012 on which the applicant along with three other accused persons carried out plotting of the said lands with the idea of sale and developing the same as Vision Valley project to prospective purchasers. 5. Twenty Nine investors showed interest and deposited money qua taking interest by purchasing various plots by registered sale deeds. According to the applicant each of the 29 investors executed registered sale deeds qua the subject land parcels. After registration of the said sale deeds some of the investors/purchasers sought mutation of their names in regard to their transactions for purchase of the plotted plots in Gat Nos.405 and 422 qua the subsisting mutation entries therein. According to the prosecution case said twin Gat Nos. 405 and 422 were part of order passed by the Supreme Court in Civil Appeal 13301 of 2025 and were restricted from any further transactions in view of they being part of the firms belonging to Pearl Welfare Organization Group of lands i.e. PACL Group for which investigation was going on. According to prosecution case, petitioner despite having knowledge about the aforesaid embargo proceeded with the execution of sale deeds to investors/purchasers. This particular issue of applicant having 2 of 5 36-BA-1883-26.doc knowledge has not been proved prima facie by the prosecution before me. Today at this stage when the applicant has sought bail prima facie case ought to be made out. Even otherwise it is prima facie seen that the registered sale deeds/agreements which were executed and registered by applicant and other co-accused persons are all in the year 2021-2022 with the investors and purchasers. The learned advocate for the applicant submitted that at the time of execution of the said sale deeds and registration thereof there was no embargo or entry in the revenue record of the subject lands for Gat Nos.405 and 422. She would submit that only allegation levelled in the complaint by the complainant is that some of the investors were defrauded for a sum of Rs.25 lakhs by the developers. It is seen that there was a legal stay on the said property by virtue of an order dated 30 June 2023 on the ground that the said land belonged to and was purchased by PACL Limited and therefore its further sale was strictly prohibited by the Justice Lodha Committee acting under the Supreme Court order. However, insofar as transactions by the applicant in present case are concerned, it is prima facie seen from the record that they were all of the year 2021 and 2022 whereas the remark of any embargo in the said mutation entry qua the said lands was effected only in the year 2023. If at all the applicant had any knowledge as according to the prosecution case , the trial will prove his complicity. At the stage of bail, learned counsel for the applicant has made out a prima facie case 3 of 5 36-BA-1883-26.doc on the basis of the submissions made herein above and moreover the affidavit in reply filed by the prosecution dated 26 August 2026 which is considered by the Court also does not show the knowledge of the Applicant at the time of execution and registration of the sale deeds. Applicant is therefore released on bail. 6. Considering the aforesaid, Applicant has made out case for grant of bail. He is granted bail subject to following conditions:- I) Applicant is directed to be immediately released from prison in connection with Crime No.56 of 2025 registered with Wagholi Police Station, Pune ; ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand only) with one surety of the like amount; iii) Applicant shall report to the Investigating Officer at Wagholi Police Station, once every month on the first Monday 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; 4 of 5 36-BA-1883-26.doc 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 Applicant. 7. 7. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 8. Bail Application is allowed and disposed of in the above terms. rsk [ MILIND N. JADHAV, J. ] 5 of 5