Ramesh Prakash Jagtap and Anr. vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Ramesh Prakash Jagtap and Anr. vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application stood over to 5/3/2025 under the caption 'for circulation'; interim protection ordered - no coercive steps against the applicants till the next date of hearing; applicants to attend the concerned police station on 24/2/2025 and 25/2/2025 between 11.00 a.m. to 1.00 p.m.; informant impleaded as respondent no.2 with amended copy to be served through the I.O. and by advocate's private notice

Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the applicants, who apprehend arrest in connection with the FIR and whose anticipatory bail application has already been rejected by the Sessions Court

Court's answer

Applicants directed to attend the concerned police station on 24/2/2025 and 25/2/2025 between 11.00 a.m. to 1.00 p.m.

Ratio / Principle

Leave granted to the applicants to add the informant as party respondent no.2, with amendment to be carried out forthwith

Key takeaways

Interim protection ordered: no coercive steps to be taken against the applicants till the next date of hearingratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Rajesh S. Patil, J. - Interim order in Anticipatory Bail Application No. 420/2025 filed by Ramesh Prakash Jagtap and another, who apprehend arrest in an FIR arising from a monetary dispute: the applicants allege they gave Rs.4 lakhs to the informant which was not refunded, while the informant alleges the sum was refunded with more than the principal amount yet the applicants continue to claim Rs.12 lakhs. The applicants' earlier anticipatory bail application had been rejected by the Sessions Court. By this order the Court (i) granted leave to implead the informant as party respondent no.2 with amendment to be carried out forthwith, (ii) directed service of the amended application on the informant through the I.O. and by advocate's private notice with affidavit of service, (iii) directed the applicants to attend the concerned police station (PSI A. S. Chorage, Saswad Police Station, Pune Rural) on 24/2/2025 and 25/2/2025 between 11.00 a.m. and 1.00 p.m., and (iv) ordered that no coercive steps be taken against the applicants till the next date of hearing, standing the matter over to 5/3/2025 'for circulation'.

Diksha Rane 917 ABA 420-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 420/2025

RAMESH PRAKASH JAGTAP AND ANR ..APPLICANTS VS

STATE OF MAHARASHTRA ..RESPONDENT

Mr. V. V. Ugle for the applicants. Mr. Ajay S. Patil, APP for the State. PSI A. S. Chorage, Saswad Police Station, Pune Rural.

CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 13, 2025.

P.C. :

1. It is the case of the applicants that they had given a sum of Rs.4 lakhs to the informant and the said amount was not refunded back. Therefore, he was following up with the informant. However, the informant lodged the First Information Report (FIR) on the allegation that they have already refunded a sum of Rs.4 lakhs and have further much more amount than the principal amount is paid. However, according to the informant, the applicants even then are claiming a sum of Rs.12 lakhs, therefore, a FIR has been lodged.

2. The applicants are apprehending arrest, therefore, they have

1

Diksha Rane 917 ABA 420-2025.doc

filed the present application for pre-arrest bail since their anticipatory bail application before the Sessions Court has been rejected.

3. The learned counsel for the applicants seeks leave to add the informant as party respondent no.2.

4. Leave as prayed for is granted. The applicant is permitted to add the informant as party respondent no.2. Amendment to be carried out forthwith.

5. The learned APP is directed to serve the amended copy of the anticipatory bail application on the informant through I.O. Apart from the service done by the learned APP, the learned counsel for the applicants is permitted to serve the respondent no.2 by advocate’s private notice by all permissible modes of service and file affidavit of service to that effect before the next date of the hearing.

6. Stand over to 5/3/2025 under the caption “for circulation” .

7. The applicants to attend the concerned police station on 24/2/2025 and 25/2/2025 between 11.00 a.m. to 1.00 p.m.

8. In the meantime, no coercive steps be taken against the applicant till the next date of the hearing.

(RAJESH S. PATIL, J.)

2

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 13/02/2025 20:00:16