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2025 Supreme(Online)(Bom) 249253

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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622-ABA-1338-2025.DOC

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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622-ABA-1338-2025.DOC

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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