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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Saurabh Eknath Ghule – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of the construction project and payment. (Para 3) |
| 2. arguments regarding the nature of the dispute. (Para 4 , 5 , 6) |
| 3. court decisions based on the applicants' undertakings. (Para 8 , 11) |
| 4. considerations for granting anticipatory bail. (Para 10 , 14 , 15) |
| 5. final order granting anticipatory bail. (Para 17 , 18 , 19) |
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard on earlier dates Mr. Ponda, learned Senior Counsel appearing for the Applicant in Anticipatory Bail Application No.1564 of 2025 (Accused No. 4 and 5), Mr. Mundargi, learned Counsel for the Applicant in Anticipatory Bail Application No.1570 of 2025 (Accused No. 1 and 2) and Mr. Nimbalkar, learned Senior Counsel appearing for the Applicant in Anticipatory Bail Application No. 1651 of 2025 (Accused No.3), Ms. Yadav, learned APP and Mr. Karmakar, learned APP, Mr. Abhay Khandeparkar, learned Senior Counsel a/w Mr. Vaibhav Ugale, learned Counsel appointed as amici curiae to represent interest of the flat purchasers and Mr. Budhwani, learned Counsel for the Intervenor.
2. By these Applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNSS ”), the Applicants are seeking
The court emphasized the necessity for undertakings to fulfill contractual obligations in granting anticipatory bail despite serious allegations of fraud and misappropriation.
The main legal point established in the judgment is the failure of the developers to fulfill their obligations in a real estate project, leading to legal actions and the involvement of the finance co....
The right to speedy trial, the principle that bail is the rule and jail is the exception, and the consideration of the approval of the Resolution Plan in the context of the accused's lack of control ....
The judgment emphasizes the seriousness of economic offences, the need for custodial interrogation in such cases, and the adverse impact of granting anticipatory bail in cases involving misappropriat....
The court denied anticipatory bail despite the applicant's health condition due to serious allegations of multi-victim fraud, emphasizing the need for custodial interrogation to uncover financial mis....
The judgment emphasized the grant of bail on stringent conditions in economic offences of huge magnitude and highlighted the provisions of Section 40 of The Real Estate (Regulation and Development) A....
Anticipatory bail under Section 438 of the CrPC emphasizes the presumption of innocence and the principle of 'bail not jail,' allowing for a liberal interpretation favoring the applicants unless comp....
Since the genesis of the statutory right to anticipatory bail is traced under Article 21 of the Constitution, it is essential to understand the true import of the same.
Serious allegations of fraud and misappropriation justify denial of bail; medical concerns do not outweigh risk factors associated with the case.
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