Extracted from the PDF above. The PDF is authoritative.
17. BA-810-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 810 OF 2026 Varsha Ravindra Joshi .. Applicant Versus State of Maharashtra & Anr. .. Respondents .................... Dr. Uday Warunjikar a/w Mr. Praful Abhiman Patil & Mr. Rohit Shantaram Patil, Advocates for Applicant Ms. Anuja S. Gotad, APP for State Ms. Akshata Ashok Borode i/by S.K. Zende, Advocates for Respondent No. 2 ...................
CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 2, 2026 P. C.
:
1. Heard Dr. Warunjikar, learned Advocate for Applicant; Ms. Gotad, learned APP for State and Ms. Borode, learned Advocate for Respondent No. 2.
2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 638 of 2025 registered with Panvel City Police Station for the offences punishable under Sections 336(2)(3), 338, 340(2), 341(1)(2), 318(4), 316(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS").
3. Applicant has been arrested on 13.12.2025. Transaction between the parties stems from registered sale agreement dated 01.07.2024 with regard to flat belonging to the Applicant. According 1 of 4
17. BA-810-26.odt to Dr. Warunjikar, said sale deed records the consideration amount of Rs. 66 Lakh for which the subject flat was sold. According to the Applicant she has received amount of Rs. 17 Lakh by the bank transfer from the complainant. Insofar as the prosecution case qua the
consideration of flat is concerned, it is argued by learned Advocate for complainant that apart from Rs. 17 Lakh given by bank transfer to the Applicant, complainant had also given to her Rs. 40 Lakh in cash. This fact of payment of cash will be subject to trial, if proven. 4. The date of the agreement is 01.07.2024. If such were the facts then the remedy of the complainant was to go before the Civil Court and obtain appropriate injunctive reliefs. That not having been done notwithstanding the registration of the sale agreement, criminal case has been filed. Undoubtedly present case stems from a different set of transaction which has been carried out by the Applicant subsequently in February 2025. Applicant has sold the same flat by another registered deed to a third party on 27.02.2025 for consideration of Rs. 1.25 Crore. FIR is filed on 27.10.2025. The aforesaid timeline prima facie shows that complainant in the present case had all the time in the world to obtain appropriate injunctive reliefs even otherwise. Insofar as the lis between the parties is concerned, same emanates from purely civil proceedings, however criminality has been invoked. The complicity and crime committed by the Applicant would 2 of 4
17. BA-810-26.odt undoubtedly be proved at the trial. Insofar as this preliminary stage for grant of bail is concerned, in view of the aforesaid facts, I am of the view that Applicant’s incarceration is no longer further required. 5. The Bail Application is granted on the following terms:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 638 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs.
Fifty Thousand Only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Panvel City Police Station, once every month on 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 3 of 4
17. BA-810-26.odt or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of her 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. 6. 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.
7. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.02 17:00:41 +0530