Prabhudas Bhiwaji Suryawanshi vs State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

Prabhudas Bhiwaji Suryawanshi vs State of Maharashtra — Cheating and Forgery | Bombay HC (2026)

What the court decided

AI extract

Outcome

In the event of arrest in connection with Crime No. 32 of 2026 of Agripada Police Station (Sections 318(4) & 3(5), Bharatiya Nyaya Sanhita, 2023), the applicant to be released on bail on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to the condition that he shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 32 of 2026 of Agripada Police Station for offences punishable under Sections 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

Court's answer

On perusal of the First Information Report, the main allegations are against the son of the applicant (co-accused), and prima facie the applicant does not appear to be a beneficiary of the alleged defrauded amount; the Court was therefore inclined to release the applicant on anticipatory bail.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. — Anticipatory Bail Application No. 759 of 2026 allowed (decided 25.03.2026). The applicant apprehended arrest in Crime No. 32 of 2026 of Agripada Police Station for offences punishable under Sections 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, wherein he and his son (co-accused) were alleged to have defrauded the first informant of Rs. 71,79,000/- on the pretext of having connections in the police department and being able to procure high-end vehicles seized and sold in police auction at a lesser price. Perusing the FIR, the Court found the main allegations to be against the applicant's son and observed that prima facie the applicant did not appear to be a beneficiary of the alleged defrauded amount. On that basis the applicant was ordered released on anticipatory bail on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to attending the concerned police station as and when called by the investigating officer and co-operating in the investigation.

924-aba-759-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 759 OF 2026

Prabhudas Bhiwaji Suryawanshi …Applicant

V/s.

The State of Maharashtra

...Respondent

Mr. Ganesh Gupta, Adv. Aditya W., GG Legal Associates, Advocate for the Applicant.

Mr. B. V. Holambe Patil, APP for the Respondent/State.

CORAM : N.R. BORKAR, J. DATE : 25.03.2026.

P.C. :

1. This is an application for Anticipatory Bail.

The applicant is apprehending his arrest in Crime No.

32 of 2026 registered at Agripada Police Station, for the offences punishable under Sections 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

It is the case of the prosecution that the present applicant and other co-accused, who is the son of the present applicant, defrauded the first informant to the tune of Rs.71,79,000/- on the pretext that they have connections in the Pramod S.Lakare

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924-aba-759-2026.doc

police department and they can manage to purchase for him highend vehicles seized and sold in auction by the police department in less price.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

The learned counsel for the applicant submits that the main allegations are against the son of the applicant. It is submitted that with ulterior motive, the false allegations are made against the present applicant. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to co-operate in the investigation. The learned counsel for the applicant submits that there are no other criminal antecedents against the applicant.

On the other hand, the learned APP for the respondentState submits that there are specific allegations of inducement against the present applicant. It is submitted that considering the nature of crime the applicant may not be released on anticipatory bail.

Pramod S.Lakare

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924-aba-759-2026.doc

I have perused the First Information Report. The main allegations are against the son of the present applicant. Primafacie, the present applicant does not appear to be a beneficiary of the alleged defrauded amount. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicant in connection with Crime No. 32 of 2026 registered at Agripada Police Station, for the offences punishable under Sections 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

c) The applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

[N.R.BORKAR, J.]

Pramod S.Lakare

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