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Bombay High Court

AJIT PRABHAKAR KULKARNIversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the anticipatory bail application and dismissed it.

Summary

The applicant, Arjun Vitthal Kudhekar, a professional valuer, prepared valuation reports that enabled Kalyan Janata Sahakari Bank Ltd. to sanction gold loans totaling approximately Rs. 91 lakhs to 41 borrowers. It later emerged that the gold offered as security by these borrowers was not genuine, leading to the registration of an FIR against the applicant. The applicant filed an anticipatory bail application, which was heard before the Hon'ble Court. After the hearing, the applicant, through counsel, sought to withdraw the anticipatory bail application. The Court, not inclined to grant anticipatory bail, permitted the withdrawal and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the applicant in view of the FIR relating to fraudulent gold loans
  • Whether the applicant may withdraw the anticipatory bail application after it has been filed

Subjects

  • anticipatory bail
  • gold loan fraud
  • valuation report
  • FIR
  • withdrawal of application

Judgment

                                                                        910-ABA-1125-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                              ANTICIPATORY BAIL APPLICATION NO.1125 OF 2026
ARJUN
VITTHAL               Ajit Prabhakar Kulkarni                               …Applicant
KUDHEKAR                     Versus
Digitally signed by   The State of Maharashtra & Anr.                       …Respondents
ARJUN VITTHAL
KUDHEKAR
Date: 2026.09.17
12:47:18 +0530

                      Dr. Pradeep Kumar Pardeshi a/w Anushka Martis & Saurav Dilip
                      Yadav, for the Applicant.
                      Mr. P. P. Jadhav, APP, for the Respondent-State.
                      Mr. Amogh Karandikar, for Respondent No.2.
                      PSI Sunil Jagadale, Warje Malwadi Police Station, Pune City,
                      present.


                                            CORAM:      MADHAV J. JAMDAR, J.
                                            DATED:      16 SEPTEMBER 2026
                      PC:-


                      1.      Heard Dr. Pardeshi, learned Counsel appearing for the

                      Applicant and Mr. Karandikar, learned Counsel appearing for

                      Respondent No.2.


                      2.      Dr. Pardeshi, learned Counsel for the Applicant tenders

                      written submissions and also argues the matter.


                      3.      The Applicant is a Valuer and, on the basis of his Valuation

                      Reports, Kalyan Janata Sahakari Bank Ltd. has sanctioned loans to

                      about 41 persons, and the total loan amount is about Rs.91 Lakhs.

                      However, thereafter it transpired that the gold which has been



                                                      Page 1
                      Arjun
                                                910-ABA-1125-2026.DOC




given as security by these 41 persons for availing gold loans was

not the genuine gold and, therefore, inter alia, an FIR came to be

lodged against the Applicant.


4.      After arguing the matter for some time, as the Court is not

inclined to grant relief of anticipatory bail, Dr. Pardeshi, learned

Counsel appearing for the Applicant, on instructions of the

Applicant, seeks withdrawal of the Anticipatory Bail Application.


5.      Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn and dismissed as such.




                                          [MADHAV J. JAMDAR, J.]




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Arjun


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