Bombay High Court

MAHENDRA SITARAM MOHITEversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 21 May 2026
Disposal: Allowed
Bench: GAUTAM A ANKHAD

Holding

The Court granted anticipatory bail to the applicant, holding that the FIR does not disclose a cognizable criminal offence and that bail is appropriate with conditions.

Summary

Mahendra Sitaram Mohite applied for anticipatory bail fearing arrest under FIR No.38 of 2026 for alleged offences under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR stems from a commercial dispute between M/s BMG Chemicals Pvt. Ltd. and M/s Chemical Corp Pvt. Ltd. over non‑payment of chemical supply invoices, and the applicant, a sales manager, contends that the matter is civil in nature and lacks criminal ingredients. The prosecution argued that the applicant was directly involved in the transaction, citing e‑mails as evidence. The Court, relying on the principle that criminal law should not be used for debt recovery and on precedent (Bimla Tiwari v. State of Bihar), held that the allegations do not justify custodial interrogation. Consequently, the Court granted anticipatory bail with a set of reporting and conduct conditions.

Issues considered

Whether the allegations under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita constitute a cognizable criminal offence or a civil commercial dispute.
Whether anticipatory bail should be granted to the applicant in view of the nature of the dispute and the evidence presented.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 3(5)

Subjects

anticipatory bail
commercial dispute
economic offences wing
Bharatiya Nyaya Sanhita
civil vs criminal
non‑payment of invoices
bail conditions

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLICATION NO.1225 OF 2026
Mahendra Sitaram Mohite .. Applicant
Vs.
The State of Maharashtra,
Through E.O.W., Unit-7, Mumbai and Anr. .. Respondents

Mr. Sandeep Maurya (through V.C.) with Ms. Saavi Prashant Kanvaje
and Ms. Simran Vishwakarma, Advocates for the Applicant.
Ms. Shilpa G. Talhar, Additional Public Prosecutor for the Respondent-
State of Maharashtra.
Attending Officer/I.O. PSI Manoj Gujar, EOW, Mumbai is present in
Court.

CORAM : GAUTAM A. ANKHAD, J.
DATE : 21ST MAY 2026
[ VACATION COURT ]
[ THROUGH HYBRID HEARING ]

P.C. :

1. By the present Application, the Applicant seeks pre-arrest bail as

he apprehends arrest in First Information Report no.38 of 2026 dated 11 th

February 2026 registered with the Marine Drive Police Station, Mumbai

under Sections 316(5), 318(4) read with Section 3(5) of the Bharatiya

Nyaya Sanhita 2023, which is being subsequently transferred to the

Economic Offences Wing, Mumbai and is re-numbered as C.R. no.26 of

2026.

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2. Mr. Maurya, learned counsel appearing on behalf of the Applicant

submits that the dispute arises between two corporate entities in relation

to non-payment of invoices for supply of chemicals by M/s. BMG

Chemicals Pvt. Ltd. The First Information Report has been lodged by

Mr. Ketan Shah who is the Director of M/s. Chemical Corp Pvt. Ltd.

3. Mr. Maurya submits that the subject matter of C.R. no.26 of 2026

is a commercial dispute and arises from non-payment by the Company in

which the Applicant is a Sales Manager. There is no element of

criminality and the FIR has been lodged only to recover a monetary sum

which is due and payable by the company to another company. He

invites my attention to the order dated 29th April 2026 passed by this

Court in Anticipatory Bail Application no.1098 of 2026 (Geeta Mahesh

Gandhi v. State of Maharashtra & Anr.) wherein the Director of M/s.

BMG Chemicals Pvt. Ltd. has been granted anticipatory bail for the

alleged offences arising out of the same FIR.

4. Ms. Talhar, learned Additional Government Pleader submits that

the Applicant is intrinsically involved in the transaction of sale/purchase

of chemicals, as evident from several e-mails which are addressed by the

Applicant.

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5. A perusal of C.R. no.26 of 2026 indicates that the sale is a

commercial transaction and predominantly of civil nature. Non-payment

of invoices by the Company in which the Applicant is a Sales Manager

has been depicted as a criminal offence. The cheques issued towards the

payment of supply of chemicals have been dishonoured. The offence

therefore is predominantly based on documents. Prima facie, the

ingredients of the alleged offences are lacking. The documents are in the

nature of correspondence/emails/invoices. The custodial interrogation of

the Applicant is not necessary in such a case. In Bimla Tiwari v. State of

Bihar, (2023) 7 SCC 461, the Hon’ble Supreme Court has reiterated that

the process of criminal law cannot be utilized for arm-twisting and for

recovery of monies. In my opinion, this is a fit case where the

Application can be allowed on the following terms:-

(a) In the event of arrest of the Applicant in First

Information Report no.38 of 2026 dated 11th February

2026 registered with the Marine Drive Police Station,

Mumbai, which FIR is transferred to the Economic

Offences Wing, Mumbai and re-numbered as C.R.

no.26 of 2026, the Applicant shall be released on bail

on furnishing a P.R. Bond/S.B. Bond in the sum of

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Rs.50,000/- (Rupees Fifty Thousand only) with one or

two local sureties in the like amount.

(b) The Applicant shall report to the Investigating Officer

of EOW, Mumbai on 2nd and 4th Monday of every

month between 11:00 AM to 12:00 Noon commencing

from the month of May 2026 till the filing of the

chargesheet. In the event the Applicant is required on

any other day by the Investigating Officer, the

Applicant shall ensure his presence before the

Investigating Officer.

inducement, threat or promise to any person/s

acquainted with the facts of the case to dissuade such

person/s from disclosing the facts to the Court or any

police officer.

(d) The Applicant shall not tamper with the evidence in

any manner.

(e) The Applicant shall provide the Investigating Officer

with his residential address along with proof, his

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contact number, e-mail and must inform the

Investigating Officer of any changes to this

information from time to time.

(f) The Applicant shall co-operate with the Investigating

Officer in the process of investigation of the present

crime.

6. Anticipatory Bail Application no.1225 of 2026 is disposed of.

[GAUTAM A. ANKHAD, J.]

Digitally
signed by
SNEHA SNEHA 5/5
ABHAY DIXIT
ABHAY Date: 6-ABA-1225-2026.doc Dixit
DIXIT 2026.05.22
12:12:25
+0530

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