P.H. JAYANI 13 BA1048.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1048 OF 2026 Anand Ramchandra Patil ….Applicant V/s. The State of Maharashtra .…Respondent Mr. Rahul Arote for the Applicant. Mr. Vinit Kulkarni, APP for the Respondent – State. Mr. Mayuresh S. Lagu for the informant. Mr. Suresh Gaikwad, PI, IO, Virar Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 16th SEPTEMBER, 2026 1. Heard learned Counsel for the parties. Perused the record. 2. The applicant seeks his release on bail in Crime.No. 666/2024 registered with Virar Police Station, Mira-Bhayander, Vasai-Virar for the offence punishable under Sections 420, 465, 467, 468, 471 of the Indian Penal Code, 1860 (“IPC”) and Sections 52, 53 and 54 of The Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”) on the Report dated 05.09.2024 filed by Mr. Shashikant Baban Patil, Incharge Assistant Commssioner, Vasai Virar Municipal Corporation. 3. The prosecution case is that, one Pandharinath Gawand and his family members were the owners of certain premises including the land on which it was constructed. The premises were old and the Gawand family had no money to repair it. Therefore, they decided to develop it with the help of a builder, Hitesh Thakur (A4). In the year 2016, two meetings were held with A4, one at the site and one in A4’s office. In the meetings A4 introduced Pandharinath Gawand with Jagdish Patil (A3), Virendra Patil, P.H. JAYANI 13 BA1048.2026.DOC applicant, Jayesh Mhatre, Praful Gawand etc. Further, A4 told Pandharinath and others present in the meetings that he will construct a four storey building on that land which would be comprised of 18 rooms and some galas. A4 also told Pandharinath that he will construct that building in partnership with him in the ratio 60:40, but, assured that he will take all the necessary permissions for lawful construction of the building. Additionally, A4 told that, on paper, the applicant will be the builder, but, the rest of the work will be done by him and others. Believing that statement-cum-assuarance by A4, agreement was entered into between M/s. Jai Bhawani Enterprises (“M/s. Jai Bhawani”) and Pandharinath Gawand and his family members. The applicant was proprietor of M/s. Jai Bhawani. In the year 2018, the old structure was demolished and with regards to aforesaid agreement a new building was constructed. Six rooms and three galas were retained by Gawand family. Two galas were kept by A4. However, the said building was unauthroized/illegal. Therefore, Mr. Shashikant Patil, Incharge Assistant Commssioner, Vasai Virar Municipal Corporation filed the Report which led to registration of the said crime. During investigation, police arrested the applicant and other accused persons. The trial Court and Sessions Court rejected the bail application of the applicant. Hence, this Application. 4. Mr. Arote, learned Advocate for the applicant submitted that although the applicant was a builder on record, as per the agreement, majority of the amount was payable to A4 as he was 60% partner of the building constructed. Whatever amount was received to the applicant from the purchasers of the rooms and galas, major portion thereof was spent in the construction work. Page 2 of 6 P.H. JAYANI 13 BA1048.2026.DOC Co-accused Jagdish Patil is the alleged beneficiary of the crime and, he has been released on bail. Therefore, he urged to release the applicant on bail. 5. Opposing these submissions, Mr. Kulkarni, the learned APP highlighted that as per the agreement, only applicant had agreed to construct the said building. Entire money from the purchasers was received by the applicant which was not the case against the co-accused Jagdish Patil. The payment receipts on record support the said fact. However, the applicant did not secure the necessary permissions from the statutory authorities for the lawful construction of the said building. Thus, there is a prima facie case against the applicant of having committed a serious offence which is sufficient to deny him bail including on the ground of parity. As submitted by Mr. Lagu, the learned Counsel for the Vasai Virar Municipal Corporation, the proposal for regularization of the said building is rejected. Even otherwise, considering the facts of the case, the said issue is not a subject matter of this application. 6. I have considered these submissions. Record indicates that the development agreement was entered into between the applicant and Pandharinath Gawand with his family members. As per the agreement, only applicant had agreed to construct the building. The applicant did not obtain the necessary permissions from the statutory authorities for the lawful construction of the said building. As such, there is a prima facie case against the applicant as submitted by Mr. Kulkarni, the learned APP. 7. Nevertheless, the statement of Pandharinath Gawand indicates that said agreement was executed at the behest of A4 and he only had agreed to construct the building sharing the P.H. JAYANI 13 BA1048.2026.DOC partnership business with Pandharinath Gawand in the ratio 60:40. Majority of the rooms and galas are kept by Pandharinath Gawand and his family. Two galas are retained by A4. Although applicant had allegedly collected the money from the purchasers, without spending considerable part of that money, the construction of the said building was not possible. Therefore, it may not be the case that the applicant alone has wrongfully gained huge money out of this crime. 8. Co-accused Jagdish Patil is released on bail who was allotted one room in the said building. Today, Pandharinath Gawand is present before the Court and, he stated that, subsequently, said room has been sold by Jagdish Patil. Now the investigation is over. Further detention of the applicant in jail will not serve any purpose. The offence is triable by the Court of Magistrate. Mr. Arote submitted that the applicant has no criminal antecedents. Till date the police have not arrested A4. Nothing is produced on record to show that efforts are being made to arrest him. 9. In the wake of above, I am inclined to allow this applications. Hence, following Order :- (i) The applicant – Anand Ramchandra Patil be released on bail in Cr.No.666/2024 registered with Virar Police Station, Mira-Bhayander, Vasai-Virar, on his executing a P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Virar Police Station, Mira-Bhayander, Vasai-Virar on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. P.H. JAYANI 13 BA1048.2026.DOC (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court. (iv) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (v) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vi) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (vii) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on merits of the case. 10. Bail Application stands disposed of in aforesaid terms. 11. It is informed that accused Hitesh Thakur (A4) is still absconding and he is wanted in this crime. Mr. Pandharinath Gawand stated that A4 has various properties in Virar (West). However, it appears that, from the date of registration of this crime, police have not taken serious efforts to arrest him or to declare him absconding and, attach his property. In this regard, no satisfactory explanation is offered by the police officer who is present before the Court toady. One co-accused, who was not P.H. JAYANI 13 BA1048.2026.DOC arrested in this case, has been recently arrested when this Court had asked to explain the reason for not arresting the remaining accused persons. Therefore, without commenting further, the Commissioner of Police, Mira-Bhayander, Vasai-Virar Police Commissionerate is directed to look into the matter and take immediate lawful steps against A4 and submit report to this Court within two weeks. 12. Stand over to 7th October, 2026 ‘for submitting report’. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.19 14:04:55 +0530