IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2913 OF 2025 Harsha Sandeep Patel And Anr. …Applicants Versus The State of Maharashtra …Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2855 OF 2025 Raju Gorakhnath Mali …Applicant Versus The State of Maharashtra And Anr. …Respondents Mr. Saurabh K. Raut a/w Manish Kelkar, for the Applicants (in ABA/2913/2025).

Mr. Shekhar Jagtap a/w Mr. Sanket Khandagale i/b J. Shekhar Associates, for the Applicant (in ABA/2855/2025). Ms. R.V. Newton, APP, for the Respondent-State (in ABA/2913/2025).

Mr. S. A. Karmakar, APP, for the Respondent-State (in ABA/2955/2025).

Mr. Ashish Sonawane, for the Complainant.

Mr. Anita D., PSI, attached to Dehuroad Police Station, Pimpri Chinchwad, present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 20^th NOVEMBER 2025 PC:-

1. Heard Mr. Saurabh Raut and Mr. Shekhar Jagtap, learned Counsels appearing for the Applicants, Ms. Newton and Mr.

Karmakar, learned APPs appearing for the Respondent-State and Mr. Ashish Sonawane, learned Counsel for the Complainant.

2. By these Anticipatory Bail Applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 “(BNSS”) the Applicants are seeking pre-arrest bail in connection with C.R. No.297 of 2025 registered with Dehu Road Police Station, District Pimpri Chinchwad, Pune for the offence punishable under Sections 406, 420 and under Section 34 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

3. The Applicant- Harsha Sandeep Patel (Accused No.4) and Applicant- Sandeep Gopalbhai Patel (Accused No.2) are Applicants in Anticipatory Bail Application No.2913 of 2025 and the Applicant- Raju Gorakhnath Mali (Accused No.1) is Applicant in Anticipatory Bail Application No.2855 of 2025.

4. As per the prosecution case, the First Informant- Akshay Jagannath Yadav is a flat purchaser who has purchased Flat No.706, B Wing in Arunya Sahakari Grauhnirman Sanstha, Pune (hereinafter referred as “said Society”). There are about 7 other flat purchasers who have purchased respective flats in said Society. As per the prosecution case all these flats were mortgaged with Shree Bhairavnath Nagari Sahakari Pathsanstha, Bhosri (hereinafter referred as “said Pathsanstha”) by the Accused by availing huge loan. It is the prosecution case that these 8 flat purchasers have in agreegate paid an amount of Rs.1,84,05,370/-, however, the flats which have been sold to them are already mortgaged with said Pathsanstha and therefore, these flat purchasers could not get ownership of the said flats.

5. It is the submission of Mr. Jagtap, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.2855 of 2025 that, subsequently, the said loan is entirely repaid to said Pathsanstha and now the subject flats are unencumbered flats. He submits that the Applicant will execute the registered Sale Deed in favour of the flat purchasers named in the FIR with respect to the respective flats within a period of 4 weeks from today without requiring the flat purchasers to pay any extra amount. The said statement made on behalf of the Applicants is accepted as undertaking given to this Court.

6. As far as Mr. Raut, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.2913 of 2025 submits that these Applicants have already retired from the Partnership Firm.

7. Mr. Ashish Sonawane, learned Counsel appearing for the First Informant states that when these flats were sold to the flat purchasers it was informed to the flat purchasers that the same are unencumbered when they were already mortgaged with said Pathsanstha and therefore, fraud has been played on the flat purchasers.

8. Perusal of the record shows that prima facie the allegations against the Applicants are very serious. Flats which have been mortgaged with said Pathsanstha have been shown as unencumbered and the same have been sold to the flat purchasers named in the FIR. However, Mr. Jagtap, learned Counsel appearing for t