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2026 DAILYLAW 5412 (BOM)

PRALHAD PUNDALIKRAO KADAM v. STATE OF MAHARASHTRA

ABA/1130/2026 · 2026-08-31

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Judgment text

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52-ABA-1130-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1130 OF 2026 Pralhad Pundalikrao Kadam …Applicant Versus The State of Maharashtra …Respondent WITH INTERIM APPLICATION NO.1668 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1130 OF 2026 Harshal Sukdeo Ushir …Applicant IN THE MATTER BETWEEN: Pralhad Pundalikrao Kadam …Applicant Versus The State of Maharashtra …Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1183 OF 2026 Amit Balasaheb Jadhav …Applicant Versus The State of Maharashtra …Respondent INTERIM APPLICATION NO.1642 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1183 OF 2026 Harshal Sukdeo Ushir …Applicant IN THE MATTER BETWEEN: Amit Balasaheb Jadhav …Applicant Versus Page 1 Sonali 52-ABA-1130-2026.DOC The State of Maharashtra …Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1298 OF 2026 Yogesh Gangadhar Bodake …Applicant Versus The State of Maharashtra & Anr. …Respondents INTERIM APPLICATION NO.1846 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1298 OF 2026 Harshal Sukdeo Ushir IN THE MATTER BETWEEN: Yogesh Gangadhar Bodake …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Akshay Bankapur i/b. Mr. Kamlesh Palekar, for the Applicant in ABA/1130/2026. Mr. Chetan Deshmukh i/b. Mr. Kamlesh Palekar, for the Applicant in ABA/1183/2026. Ms. Gauri Ghuge i/b. Mr. Hitesh Sangle, for the Applicant in ABA/1298/2026. Mrs. M. R. Tidke, APP, for the Respondent-State in ABA/1130/2026. Mr. Prashant P. Jadhav, APP, for the Respondent-State in ABA/1183/2026. Mr. Swapnil V. Walve, APP, for the Respondent-State in ABA/1298/2026. Mr. Vipul Dada Patil a/w. Ms. Shubha Shirsat, for the Intervenor in IA/1668/2026, IA/1642/2026 and IA/1846/2026. Mr. Lalit S. Kedare, PSI a/w. Mr. E. T. Rathod, attached to Bhadrakali Police Station, Nashik City, Nashik, present. Page 2 Sonali 52-ABA-1130-2026.DOC CORAM: MADHAV J. JAMDAR, J. DATED : 31st AUGUST 2026 PC:- 1. Heard learned Counsel appearing for the Applicants, learned Counsel appearing for the Intervenor/First Informant and learned APPs appearing for the Respondent-State. 2. All these applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre- arrest bail in connection with C.R. No.117 of 2026 registered with Bhadrakali Police Station, Nashik, for the offences punishable under Sections 318(4), 316(2), 336(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2013 (“BNS”) and Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014. Anticipatory Bail Application No.1130 of 2026 is filed by accused No.3-Pralhad Pundalikrao Kadam, Anticipatory Bail Application No.1298 of 2026 is filed by accused No.2-Yogesh Gangadhar Bodake and Anticipatory Bail Application No.1183 of 2026 is filed by accused No.1-Amit Balasaheb Jadhav. 3. The prosecution case is set out in paragraph No.2 of the order dated 24th April 2026 passed by the learned Additional Page 3 Sonali 52-ABA-1130-2026.DOC Sessions Judge, Nashik in Criminal Bail Application No.418 of 2026, which reads as under: “2. Brief facts giving rise to the present application are as under: On 12.03.2026 FIR came to be registered at Bhadrakali police station stating that from 01.08.2020 to 29.07.2025 from time to time Amit Balasaheb Jadhav, Yogesh Gangadhar Bodke, Pralhad Pundlik Kadam in furtherance of their common intention, get executed an agreement to sale of property bearing Survey No.315/1/A/2/C as security for loan transaction of Rs.35,50,000/-which was taken by the informant. They have also executed sale deed before Notary Public by misusing the signatures and thumb impressions of informant taken by them on blank papers. They have further get the sale deed executed of said property by using fake documents.” 4. The relevant details are as under: 1. Name of the Applicants Pralhad Pundalikrao Kadam (Anticipatory Bail Application No.1130 of 2026), Applicant- Amit Balasaheb Jadhav (Anticipatory Bail Application No.1183 of 2026) and -Yogesh Gangadhar Bodake (Anticipatory Bail Application No.1298 of 2026) 2. C.R. No. 117 of 2026 3. Police Station Bhadrakali Police Station, Nashik. Page 4 Sonali 52-ABA-1130-2026.DOC 4. Date of Incident 08.01.2020 to 29.07.2025 5. Date of Registration of F.I.R. 12.03.2026 6. Sections applied in F.I.R. 318(4), 316(2), 336(2) and 3(5) of the BNS and Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014. 5. It is the submission of learned Counsel appearing for the Applicants that accused Nos.1 and 2 are the purchasers and accused No.3 is the Constituted Attorney of the First Informant. It is submitted that the property was sold for an aggregate amount of Rs.50,00,000/-, which was paid through bank transactions to the First Informant and received by the First Informant. It is submitted that the consideration of Rs.50,00,000/- was arrived at by mutual consent and prior to the execution of the Sale Deed dated 17th April 2025, an Agreement for Sale was executed on 8th January 2020 by the First Informant, who is the owner of the property. The said agreement also sets out the consideration as Rs.50,00,000/-, which has already been received by the First Informant. It is submitted that due to the Kumbh Mela, prices of the lands are rising in Nashik City and therefore, a false FIR has been filed. It is Page 5 Sonali 52-ABA-1130-2026.DOC submitted that a dispute which is of civil nature has been converted into a criminal case. 6. On the other hand, learned APPs and learned Counsel appearing for the Intervenor/First Informant submitted that by misusing signatures obtained on the blank papers, a Sale Deed was fraudulently executed in favour of accused Nos.1 and 2. For this purpose, the Power of Attorney executed by the First Informant in favour of accused No.3 is misused. It is therefore, submitted that custodial interrogation of the Applicants is necessary. It is submitted that immediately after the execution of the Sale Deed dated 17th April 2025, the said land in question was subsequently sold for huge consideration. 7. It is the prosecution case that by misusing the Power of Attorney dated 7th January 2020 executed by the First Informant in favour of the accused No.3-Pralhad Kadam, valuable property was sold by a registered Sale Deed dated 17th April 2025 without knowledge of the First Informant. Page 6 Sonali 52-ABA-1130-2026.DOC 8. In any case, a perusal of the record shows that the First Informant admits to the execution of the Agreement for Sale dated 8th January 2020. The Agreement for Sale specifically mentions the consideration as Rs.50,00,000/- and also mentions that the manner in which it is to be paid. It is an admitted position that the entire transaction was carried out through bank transfers and that the said amount of Rs.50,00,000/- was received by the First Informant in his bank account. 9. The First Informant has admitted that the Agreement for Sale dated 8th January 2020 and the Power of Attorney dated 7th January 2020 both these documents were executed by him. Perusal of the record shows that the disputed Sale-Deed contains same terms and conditions as contained in the Agreement of Sale, which is admittedly signed by the first informant. Prima facie, the dispute is pre- dominantly of civil nature. 10. Accordingly, in the facts and circumstances, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R Page 7 Sonali 52-ABA-1130-2026.DOC (a) In the event of arrest of the Applicant-Pralhad Pundalikrao Kadam (in Anticipatory Bail Application No.1130 of 2026), the Applicant-Amit Balasaheb Jadhav (in Anticipatory Bail Application No.1183 of 2026) and the Applicant -Yogesh Gangadhar Bodake (in Anticipatory Bail Application No.1298 of 2026) in connection with C.R. No.117 of 2026 registered with the Bhadrakali Police Station, Nashik City, Nashik, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station on 7th September 2026 and 8th September 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. In addition to this, the Applicants shall attend the concerned Police Station as and when called by the Investigating Officer. (c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer Page 8 Sonali 52-ABA-1130-2026.DOC 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. (f) The Applicants shall not leave India without prior permission of the learned Trial Court. 11. The Anticipatory Bail Applications are disposed of accordingly. 12. In view of the disposal of the Anticipatory Bail Applications, nothing survives in the Interim Applications and the same are also disposed of. [MADHAV J. JAMDAR, J.] Page 9 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.01 11:58:29 +0530