Dnyaneshwar Bapurao Chavan Vs Jagdish Dilip Raut and… — Cheating and Forgery | Bombay HC (2025)

Dnyaneshwar Bapurao Chavan Vs Jagdish Dilip Raut and… — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted and interim protection of 10/10/2024 confirmed: upon arrest in connection with FIR No.0338/2024, release on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions (attendance at police station when called, non-tampering with evidence, non-influencing of informant/witnesses, cooperation with investigation and trial); breach renders bail liable to cancellation.

Issue for consideration

Whether anticipatory bail should be granted to the applicant apprehending arrest in connection with FIR No.0338/2024, registered at Khultabad Police Station, District Aurangabad, for offences punishable under sections 420 r.w.34 of IPC. +1 more

Court's answer

The anticipatory bail application is allowed: in the event the applicant is arrested in connection with FIR No.0338/2024, he shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

Ratio / Principle

Since the investigation has been completed after the grant of interim protection and the applicant has cooperated with the investigation, no further custodial interrogation of the applicant is necessary; accordingly, the interim protection granted by order dated 10/10/2024 is confirmed.

Key takeaways

Release is subject to conditions: the applicant shall attend the police station as and when called by the police; shall not tamper with the evidence of the prosecution in any manner; shall not influence the informant, witnesses and other persons concerned with the case; and shall cooperate with the investigation and the proceedings before the trial Court.ratio¶¶28
In the event the applicant violates any of the conditions specified in the order, the bail shall be liable to be cancelled.ratio¶¶30

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Bombay, Bench at Aurangabad (Arun R. Pedneker, J.), March 25, 2025 — Applicant apprehending arrest in FIR No.0338/2024, Khultabad Police Station, District Aurangabad, for offences punishable under sections 420 r.w.34 IPC, arising from alleged representations to the informant and other farmers that the Central Government was providing financial aid for plantation of Mahogany trees, collection of money by the applicant and co-accused through 'Sevarth Company' on assurances of erecting fencing around farms and tending planted trees for two years, and subsequent failure to fulfil those assurances — Interim protection granted by order dated 10/10/2024 confirmed, the Court finding that the investigation stood completed after its grant and the applicant had cooperated, and that the amount taken from the informant had been returned, making further custodial interrogation unnecessary — Release directed on PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station as and when called, non-tampering with prosecution evidence, non-influencing of the informant and witnesses, and cooperation with the investigation and trial — Violation of any condition renders the bail liable to cancellation — Observations expressly confined to disposal of the anticipatory bail application, the trial Court to proceed uninfluenced thereby.

2025:BHC-AUG:8880

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

959 ANTICIPATORY BAIL APPLICATION NO. 1697 OF 2024

Jagdish Dilip Raut VERSUS

The State Of Maharashtra

Advocate for Applicant : Mr. Avinash Patil h/f Mr. Abhaysinh K. Bhosle APP for Respondents-State: Mr. G. O. Wattamwar Advocate for Assist to APP : Mr. A. K. Shingare

WITH

CRIMINAL APPLICATION NO. 454 OF 2025 IN ABA/1697/2024

CORAM : ARUN R. PEDNEKER, J.

Dated : March 25, 2025.

PER COURT :-

Criminal Application No.454 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP.

The applicant is apprehending arrest in connection with FIR No.0338/2024, registered at Khultabad Police Station, District Aurangabad, for the offences punishable under sections 420 r.w.34 of IPC.

This Court, by order dated 10/10/2024, granted interim protection to the applicant.

The case against the applicant is that he and co-accused informed the

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959 ABA 1697-2024

informant and other farmers that the Central Government is providing financial aid for the plantation of Mahogany trees. The applicant and the co-accused assured them that they would assist in obtaining the government aid and that their company, Sevarth Company , would also erect fencing around the farms and take care of the planted trees for two years. It is stated that for this purpose, the applicant collected money from the informant and some farmers. However, he failed to fulfill the assurances given to them, leading to the registration of the FIR.

Learned counsel for the applicant submits that after the grant of interim protection, the applicant has cooperated with the investigation. It is also stated that the applicant has returned the amount taken from the informant.

Considering that the investigation has been completed after the grant of interim protection, and also that the applicant has cooperated with the investigation, no further custodial interrogation of the applicant is necessary. Accordingly, the interim protection granted to the applicant by order dated 10/10/2024 is confirmed.

In view of the above, the application is allowed in the following terms: -

i] In the event the applicant is arrested in connection with FIR

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959 ABA 1697-2024

No.0338/2024, registered at Khultabad Police Station, District Aurangabad, for the offences punishable under sections 420 r.w.34 of IPC, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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