Kamalkumar Jeevanmal Kothari Vs Parmeshwar Suryabhan Nazarkar and Another — Bombay HC (2025) — LawSathi Research

Kamalkumar Jeevanmal Kothari Vs Parmeshwar Suryabhan Nazarkar and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail protection: interim protection of order dated 16.12.2024 confirmed on conditions (attendance before Investigating Officer as required; no tampering with evidence or influencing of informant/witnesses; cooperation with investigation and trial; deposit of Rs. 2,00,000 with the trial court within 4 weeks to be kept in fixed deposit until trial concludes, dispersal per trial court's orders). Criminal Applications No.6 of 2025 and No.135 of 2025 partly allowed to the extent of assist to public prosecutor. Application stands disposed of.

Issue for consideration

Whether the interim protection granted to the applicant by this court's order dated 16.12.2024 in connection with Crime No.1082/2024 (MIDC Police Station, Waluj; offences under Sections 310(2), 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023) deserved to be confirmed, i.e., whether anticipatory bail should be granted. +1 more

Court's answer

The interim protection granted by order dated 16.12.2024 stands confirmed, i.e., anticipatory bail protection is granted to the applicant on specified terms.

Ratio / Principle

Confirmation is subject to conditions: (i) attendance at the police station as and when required by the Investigating Officer; (ii) no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons; (iii) cooperation with the investigation and trial-court proceedings; and (iv) deposit of Rs.2,00,000 before the trial court within four weeks, to be kept in fixed deposit in a nationalised bank, with dispersal orders at the conclusion of trial.

Key takeaways

Violation of any condition of the order will render the protection liable to be cancelled.ratio¶48
Criminal Application No.6 of 2025 and Criminal Application No.135 of 2025 are partly allowed to the extent of assist to public prosecutor.ratio¶26
Clarification that the observations in the order are limited to disposal of the anticipatory bail application and the trial court shall proceed uninfluenced by them.obiter

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.; 10.02.2025) in Anticipatory Bail Application No. 2147 of 2024: interim protection earlier granted by order dated 16.12.2024 CONFIRMED, granting anticipatory bail protection to Parmeshwar Suryabhan Nazarkar who apprehended arrest in Crime No.1082/2024, dated 26.11.2024, registered at MIDC Police Station, Waluj, District Chh. Sambhajinagar, for offences punishable under Sections 310(2) and 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023. Background recited from the interim order: incident of 21.11.2024 in which persons allegedly came to an MIDC plot (purchased by the complainant in SARFAESI auction, standing in the applicant's name) and removed a Welding Machine, Iron rods etc. of total value of approximately Rs. 2,45,000; the interim order had noted a prior civil dispute between the parties and viewed the theft allegation of Rs. 2,50,000 as little far-fetched, possibly registered to secure documents for transfer of the plot. Conditions of confirmation: attendance before the Investigating Officer as and when required; no tampering with prosecution evidence nor influencing of informant/witnesses; cooperation with investigation and trial; deposit of Rs. 2,00,000 with the trial court within four weeks, to be kept in fixed deposit in a nationalised bank with dispersal ordered at the end of trial; violation entails cancellation. Criminal Application No. 6 of 2025 and Criminal Application No. 135 of 2025 partly allowed to the extent of assist to public prosecutor. Observations confined to disposal of the ABA; trial court to proceed uninfluenced. No precedent cases cited.