HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
COL HARISH CHANDRA JOSHI AND ANR – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
IA/4511/2025
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2025:BHC-AS:57705 622-ABA-1338-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1338 OF 2025
Dhanajirao Shivajirao Patil …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
WITH
INTERIM APPLICATION NO.4511 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.1338 OF 2025
Col Harish Chandra Joshi & Anr. …Applicants
IN THE MATTER OF
Dhanajirao Shivajirao Patil …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
Mr. K. N. Shermale (Through Video Conferencing) a/w Pavan M.
Salunke, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State.
Mr. Niranjan Bhavake a/w Sushant Tayade i/b Sushant Tayade &
Associates, for Respondent No.2.
Mr. Mukul Dev (Through Video Conferencing) a/w Mr. Kshitish
Tabib, for the Intervenors.
A.P.I. Sawant, Yerwada Police Station, Pune City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 24 DECEMBER 2025
PC:-
1. Heard Mr. Shermale, learned Counsel appearing for the
Applicant, Ms. Yadav, learned APP, for the Respondent-State of
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Maharashtra, Mr. Bhavake, learned Counsel appearing for
Respondent No.2 and Mr. Mukul Dev, learned Counsel appearing
for the Intervenors.
2. By the present Anticipatory Bail Application filed under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
Applicant is seeking pre-arrest bail in connection with CR No.800
of 2024, registered with the Yerwada Police Station, Pune City, for
the offence punishable under Section 420 of the Indian Penal
Code, 1860.
3. The prosecution case is set out in Paragraph Nos.2 and 3 of
the Order dated 22nd April 2025 passed by the learned Additional
Sessions Judge, Pune, in Criminal Bail Application No.7479 of
2024, which reads as under :-
“2] It is contended that accused-applicant D.S. Patil
told informant that 80 gunthas of land in Tal. Rajapur,
Dist. Ratnagiri, Konkan at Karak and 22 gunthas in
Ambolgad are for sale, the lands are good, it will benefit
in future so insisted to buy those lands. Initially
informant refused but later-on he paid Rs.37.00 lakhs
from time to time to applicant-accused. After transferring
money complainant inquired about the transferring the
land in his name, but just giving one or the other reason,
the land was not transferred in his name. Hence,
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informant asked accused to give his money back. That
time accused told that he does not have money and
asked to wait. Thereafter, accused gave trifling reasons
and asked to transfer another Rs.8.00 lakhs to complete
the transaction. Hence, informant got suspicion and
asked to return his amount of Rs.37.00 lakhs, that time
accused refused to give bank his money and also
threatened him. Therefore, informant lodged complaint/
FIR against accused persons at Yerwada Police Station.
3] It is further contended that for doing the
agreement i.e. sale deed there was no issue but as
accused got knowledge that informant was not a farmer
and no land could transfer in his name, but due to the
efforts made by present applicant they got some
documents of complainant of his agriculture history and
then the property situated at village Yerdav was
transferred in his name by the present applicant and the
said document was registered vide Sale Deed No.
1830/2018 as per his invested amount. Applicant further
contended that complainant has already got more than
his share in his name, but just to grab more land, he
deliberately creates a big illusion in people’s minds by
giving insufficient information. It is contended that only
to create pressure on applicant he lodged criminal
complaint, applicant is permanent resident of Pune with
his family having roots in society and good reputation,
accused is innocent and has not committed any offence.
Further contended that the complaint lodged is of casual
manner even does not contain bank details of the
amounts
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