Bombay High Court

MANOJKUMAR CHANDRAKANT PAWARversusSTATE OF MAHARASHTRA

Disposal: Allowed
Bench: NITIN B SURYAWANSHI

Holding

The court allowed the anticipatory bail application, granting bond with conditions.

Summary

Manojkumar Chandrakant Pawar, a resident of Uganda, applied for anticipatory bail in a case (C.R. No.339/2024) alleging offences under Sections 420, 406 r/w 34 of the IPC. He claims he never received the Rs.10 lakh allegedly paid to him by the informant, and that the informant’s allegations are intended to pressure his brother, who was released on bail after repaying Rs.39 lakh. The court noted a two‑year delay in filing the FIR and that the investigating officer had not verified the source of the cash. Although a charge‑sheet was filed against the applicant and Section 299 CrPC was invoked, the court found no necessity for custodial interrogation. Consequently, the court granted anticipatory bail, directing the applicant to execute a personal bond of Rs.1,00,000 with sureties and to cooperate with the investigation under specified conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant despite a charge‑sheet and the invocation of Section 299 CrPC.
Whether the applicant’s alleged involvement in the alleged fraud warrants custodial interrogation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 299
Indian Penal Code, 1860 — s. 34, 406, 420

Subjects

anticipatory bail
IPC 420
fraud
bail conditions
investigation delay
Section 299 CrPC

Judgment

                                 1                           26-ABA-1138-25.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIRCUIT BENCH AT KOLHAPUR
             CRIMINAL APPELLATE JURISDICTION

      ANTICIPATORY BAIL APPLICATION. NO. 1138 OF 2025

                MANOJKUMAR CHANDRAKANT PAWAR
                             VERSUS
             THE STATE OF MAHARASHTRA AND ANOTHER
                                ...
        Mr. Prabhakar Manohar Jadhav, Advocate for Applicant
Mr. Anand S. Shalgaonkar, APP for the Respondent No.1/State
                                     ...

                           CORAM : NITIN B. SURYAWANSHI, J.

                             DATE : 17th FEBRUARY, 2026

PER COURT :

1.          Applicant is apprehending arrest in C.R. No.339/2024,

registered with Akluj Police Station, District Solapur for offences

punishable under Sections 420, 406 r/w 34 of the Indian Penal

Code. Applicant is accused No.1 in the said crime, whereas brother

of the applicant namely Rupesh Chandrakant Pawar is accused

No.2.


2.          Heard learned advocate for applicant and learned APP

for respondent No.1/ State. Perused the investigation papers.


3.          Charge-sheet    in   the       present   crime     is   filed    on

26/04/2025. Accused No.2 was arrested and is released on bail as

the informant has given ‘no objection’ for his release. According to

learned APP, since accused No.2 had repaid amount of Rs.39 Lakhs



SVH
                                2                      26-ABA-1138-25.odt


received from informant and since informant is closely related to

him, no objection was given by the informant for release of accused

No.2.


4.          It is the case of applicant that since last 20 years he is

resident of Uganda. Informant has alleged that thrice he has paid

Rs.10 Lakhs in cash in front of some of the witnesses to the

applicant and he has not returned the said amount. Applicant

contends that he has not received any amount and only with a view

to pressurize accused No.2 to return the amount given to him by

the informant, applicant is implicated in the present crime.


5.          Prima facie, there appears substance in the contention

of applicant. There is delay of 2 years in lodging the FIR.

Investigating officer has not verified as to from where cash of Rs.30

Lakhs was raised by the informant which was allegedly handed over

to the applicant.


6.          On 09/06/2025 investigating agency assured that the

applicant will not be arrested in the present crime till the next date.

The said statement is continued from time to time.


7.          In view of the fact that charge-sheet is filed against

accused No.1 and as against present applicant it is filed under

Section 299 of the Cr.P.C., custodial interrogation of applicant is not



SVH
                               3                     26-ABA-1138-25.odt


necessary. Learned APP, on instructions from the investigation

officer present in the Court, submits that the applicant needs to be

interrogated.


8.         In the result, the application is allowed. In the event of

arrest of applicant Manojkumar Chandrakant Pawar in connection

with C.R. No.339/2024, registered with Akluj Police Station, District

Solapur, applicant be released on executing personal bond of

Rs.1,00,000/- with one or more sureties in the like amount.


9.         Applicant shall attend the concerned police station from

09/03/2026 to 13/03/2026 everyday between 10:00 a.m. to 02:00

p.m. and shall co-operate in the investigation. Applicant shall not

tamper with the prosecution evidence and shall attend the trial.



                                   (NITIN B. SURYAWANSHI, J.)




SVH

Continue reading with your account

Checking your session…