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2026 DAILYLAW 8791 (BOM)

TATOBA BHIKAJI GAWADE v. STATE OF MAHARASHTRA AND ANR.

ABA/531/2026 · 2026-09-16

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Judgment text

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1/5 5-ABA-531-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 531 OF 2026 Tatoba Bhikaji Gawade …...Applicant VERSUS State Of Maharashtra And Anr. …...Respondents _________________________________________________________________ Mr. Rushikesh Barge i/b Mr. Tanaji Mahatugade, for Applicant. Ms. Shubhangi N. Deshmukh, APP, for Respondent Nos.1 and 2 - State. API, Mr. Ali Mulla, Bhudargad Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 16th SEPTEMBER, 2026. P.C. 1. Heard, Mr. Rushikesh Barge, learned Advocate for the Applicant and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.1 and 2 – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail in connection with Crime No. 271 of 2026 registered at Chandgad Police Station, District Kolhapur, for offences punishable under Sections 316(2), 318(4), 336(3), 340(1), 340(2), 341(2), 341(3) and 341(4) of the Bharatiya Nyaya Sanhita, 2023. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.17 16:07:48 +0530 2/5 5-ABA-531-2026 (CR).DOC 3. Crime No. 271 of 2026 was registered based on a complaint lodged by the Tehsildar’s Office, Chandgad, Gram Mahasul Karyalay, Turkewadi, Chandgad, District: Kolhapur. The FIR states that around 28th November, 2025, the Applicant (accused), with an oblique intention, used the Digital Signature of the Additional Collector, Kolhapur, to forge the seal of the District Collector’s Office, thereby creating an appearance of authenticity and fabricating an Order to reclassify the land from “Class-II” to “Class-I”. On the basis of the said fabricated Order/Documents, the Revenue Officials effected a mutation entry. As per the allegations, this exercise was undertaken to defraud the Government and thereby sell the property to third parties. 4. Mr. Rushikesh Barge, learned Advocate for the Applicant, by referring to the FIR, states that there are no averments in the entire FIR to show the Applicant's involvement in Crime No. 271 of 2026. To elucidate, he refers to the various sections charged in Crime No. 271 of 2026 and submits that the ingredients of the said offences are not disclosed in relation to the Applicant. He submits that there are no allegations that the Applicant forged, committed forgery or made any false documents. He submits that, as the FIR is silent on these issues, the Applicant is entitled to pre-arrest bail. 5. Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and 2 – State, on instructions from the Investigating Officer, submits that Shantanu S. Dhudum 3/5 5-ABA-531-2026 (CR).DOC pursuant to the registration of Crime No. 271 of 2026, it is revealed in investigation that the Applicant is the mastermind behind the creation of forged documents using the seal of the District Collector to create false and fabricated documents. She submits that the statements of the persons, namely, Vilas Ganpat Patil, Arun Ganpat Patil, Narayan Ganpat Patil and Parshuram Ganpat Patil, whose names are shown in the 7/12 extract of the property in question, make reference to the Applicant having assured them that he would obtain a document from the Office of the Collector to make the property freehold land, thereby enabling them to sell the property. She further by referring to the investigation papers, submits that pursuant to the FIR, seven (7) complainants have come forward to state that the Applicant has adopted the same modus operandi in creating fabricated documents pertaining to Government / Reveneue Records. She submits that the custodial interrogation of the Applicant is required, as the offence referred to in Crime No. 271 of 2026 is serious and pertains to fabrication of Government Records. She submits that the investigation reveals the Applicant's involvement in the crime. She submits that the money trail leads to the Applicant. She submits that the Applicant is absconding. She submits that the investigation is at a nascent stage and that the custodial interrogation of the Applicant is required to ascertain how the Applicant came into possession of the Digital signatures and seals of the office of the District Collector. Shantanu S. Dhudum 4/5 5-ABA-531-2026 (CR).DOC 6. Perused the record in the file of this Application and the investigation papers produced by Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and 2 – State, during the hearing. 7. Prima facie, the allegations in Crime No.271 of 2026 indicate that Government Records have been fabricated, the Digital Signatures of the Additional Collector, Kolhapur, the seal of the District Collector’s Office have been forged and used to create a Order by which land from “Class-II” has been classified to “Class-I”. As submitted by Ms S. N. Deshmukh, by this process, that is by using fabricated/forged documents, land that was otherwise not available for sale or had legal impediments has been converted into freehold land. 8. Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and 2 – State, refers to the documents in the investigation papers to submit that the owners of the subject property have paid substantial amounts to the Applicant to get the work done. She has submitted, from the investigation papers, that after the registration of Crime No.271 of 2026, the Applicant has given two cheques amounting to Rs.3,50,000/- to Narayan Ganpat Patil as a return of the amount he had received for doing the work, that is, getting the land from “Class-II” to “Class-I”. 9. The complaints received by the Investigation after the registration of Crime No.271 of 2026, from seven other complainants, Shantanu S. Dhudum 5/5 5-ABA-531-2026 (CR).DOC prima facie indicate the Applicant having adopted a similar modus operandi in respect of Revenue Records . 10. Prima facie, the Applicant's complicity in fabricating/forging orders/documents, which are thereafter used to alter Revenue Records, is revealed in the Crime No.271 of 2026. 11. Given the nature of allegations and the material revealed in the investigation in Crime No.271 of 2026, the Applicant is not entitled to any indulgence. 12. In view of the above, this Application is rejected. 13. Criminal Anticipatory Bail Application No.531 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum