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2026 DAILYLAW 7732 (BOM)

PRASHANT RAJU JADHAV v. THE STATE OF MAHARASHTRA

ABA/202/2026 · 2026-09-08

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Judgment text

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18-ABA-202-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 202 OF 2026 Prashant Raju Jadhav ...Applicant Versus The State of Maharashtra ...Respondent __________________________________________________________ Mr. Parvez Nadaf, Advocate for the Applicant. Mrs. S. N. Deshmukh, APP for the Respondent – State. WAPI Pawar, Rajarampuri Police Station, is present. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 8th September, 2026. P.C. : 1. Heard Mr. Parvez Nadaf, learned Advocate for the Applicant and Mrs. S. N. Deshmukh, learned APP for the Respondent – State. 2. By the present Application present application, the Applicant has sought for the following substantive relief in terms of prayer clause (A) :- A. That this Hon'ble Court may kindly grant anticipatory bail to the Applicant in the event of arrest in connection with C.R. No. 378/2025 registered with Rajarampuri Police Station, District Kolhapur, for offences punishable under Sections 316(2), 318(4), 351(2) read with 3(5) of BNSS and Sections 66(C), 66(D) and 43 of the IT Act, 2000, on such terms and conditions as this Hon'ble Court deems fit and proper. 3. On 24th August 2026, the following order was passed :- Arjun 1 18-ABA-202-2026.doc 1. Heard Mr. Nadaf, learned counsel for the Applicant and Mrs. Deshmukh, learned A.PP. for the Respondent-State. 2. Learned Advocate for the Applicant submits that the only allegation against the Applicant is that he accompanied Accused No. 9 to the bank for withdrawal of an amount of Rs. 5,00,000/-. He further submits that it is alleged that the said amount was given to him. He further submits that a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (for short, "B.N.S.S.") was issued to the Applicant, in compliance with which the Applicant attended the police station on 22nd July 2025 and has cooperated with the investigation. He submits that no amount has been deposited in his bank account and that he is not the beneficiary of any amount. 3. Learned A.P.P. submits that the total fraud involved is Rs. 3,57,23,000/-, wherein the first informant was cheated by way of a "digital arrest" and induced to deliver the said amount. On a specific query being put to the learned A.PP. as to whether any amount was received in the bank account of the present Applicant, the learned A.PP., on instructions, stated that no amount has been transferred to the bank account of the present Applicant. Learned A.PP. further submits that the Applicant be directed to surrender his mobile phone for the purpose of investigation. 4. There is no dispute as to the fact that the Applicant has cooperated with the investigation and appeared in pursuance of the notice under Section 35(3) of the B.N.S.S. 5. Learned A.P.P. seeks time to take instructions. At her request, stand over to 30th April 2026. 6. Considering the above facts, there shall be interim protection in terms of prayer clause (B). 7. The Applicant is directed to remain present before the Investigating Officer on 27th April 2026 between 11:00 a.m. and 2:00 p.m., and shall surrender his mobile phone to the Investigating Officer for the purpose of investigation. 4. Mrs. S. N. Deshmukh, learned APP for the Respondent – State, submits that the Applicant has surrendered his mobile, given all the details of his Bank and has cooperated with the investigation in Crime Arjun 2 18-ABA-202-2026.doc No. 378 of 2025. She therefore, on instructions from the Investigating Officer, Rajarampuri Police Station, states that the custodial interrogation of the Applicant in Crime No. 378 of 2025, is not required. She however submits that the Applicant should co-operate with the investigation in Crime No. 378 of 2025 and appear before the Investigating Officer, Rajarampuri Police Station as and when required. 5. Mr. Parvez Nadaf, learned Advocate for the Applicant, states that the Applicant has co-operated with the investigation in Crime No. 378 of 2025 and shall continue to co-operate with the investigation and shall appear before the Investigating Officer, Rajarampuri Police Station, as and when required by the Investigating Officer. 6. In view of the statement made by Mrs. S. N. Deshmukh, learned APP for the Respondent – State, that the custodial interrogation of the Applicant is not required in Crime No. 378 of 2025, this Application is allowed by confirming the order dated 24.04.2026 and making the same absolute with the following additional condition:- (a) In the event of arrest of the Applicant in C.R. No. 378 of 2025, registered with Rajarampuri Police Station, the Applicant shall be released on bail on Arjun 3 18-ABA-202-2026.doc furnishing a PR bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two local sureties in the like amount. (b) The Applicant shall co-operate with the investigation in Crime No. 378 of 2025 and shall appear before the Investigating Officer, Rajarampuri Police Station, as and when required by the Investigating Officer in Crime No. 378 of 2025. (c) Applicant shall provide the Investigation Officer with his residential address along with proof, his contact number, email and must inform the Investigating Officer of any changes to this information from time to time. (d) Applicant shall not tamper with evidence in any manner 7. Anticipatory Bail Application No. 202 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.09 20:13:19 +0530