Bombay High Court
PALLAVI SANJAY RAUTversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court granted anticipatory bail to the applicant subject to stringent conditions.
Summary
The applicant, Pallavi Sanjay Raut, sought anticipatory bail after an FIR was lodged on 31 December 2025 alleging offences under Sections 406, 420 read with 34 of the Indian Penal Code arising from a business dispute over oil supply with the complainant. The alleged incidents occurred between 1 December 2020 and 10 March 2021, resulting in a delay of nearly five years before the FIR was filed. The applicant contended that the unexplained delay showed the criminal complaint was a ploy to recover a monetary claim. The State opposed the bail, arguing that custodial interrogation was unnecessary but the applicant should cooperate with the investigation. The Court observed that the gross, unexplained delay and the civil nature of the dispute indicated the matter was being given a criminal colour, and therefore granted interim anticipatory bail subject to strict conditions, including a personal bond, reporting to police, and non‑interference with witnesses. The anticipatory bail application was disposed with the bail order.
Issues considered
- Whether the anticipatory bail should be granted given the four‑year‑nine‑month delay in filing the FIR
- Whether the dispute is essentially civil and thus the criminal complaint is an abuse of process
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
Legislation cited
- Indian Penal Code, 1860 — s. 34, 406, 420
Subjects
- anticipatory bail
- delay in FIR
- civil dispute
- Indian Penal Code
- Section 406
- Section 420
- Section 34
- bail conditions
- criminal procedure
Judgment
Digitally
signed by 22-ABA-1249-2026.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.19
15:40:14
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1249 OF 2026
Pallavi Sanjay Raut ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Umang Shah a/w Mr. Gaurav Shenoy and Ms. Faiza G. i/b Mr.
Vaibhav Gargade for the Applicant.
Mr. Vinit A. Kulkarni, A.P.P for the Respondent-State.
PSI – R.P Ahire attached to Ambarnath Police Station, present.
CORAM : SANDESH D. PATIL, J.
DATE : 15th MAY, 2026
(VACATION COURT)
P.C. :
1. Heard learned Counsel Mr. Shah appearing for the
applicant and learned A.P.P, Mr. Kulkarni for the State.
2. Learned Counsel for the applicant submits that the only
allegations against the applicant is that the applicant and the
Wakodikar 1/4
22-ABA-1249-2026.doc
complainant were carrying out a business of supply of oil. There was
a dispute between the said partners i.e. the complainant and the
applicant, as a result of which, this FIR is lodged. He submits that
there was a Memorandum of Understanding executed on 1 st
December, 2020 between the parties. He submits that the alleged
offences occurred between 1st December, 2020 and 10th March, 2021
and the FIR came to be lodged on 31 st December, 2025. Hence, there
is an inordinate and unexplained delay of four years and nine months
in filing of the FIR. He submits that this is nothing but an attempt to
recover the alleged amount from the complainant by arm twisting
method.
3. Mr.Kulkarni, learned APP strongly objected the
application. He submits that the custodial interrogation of the
applicant is not necessary, but she may be directed to attend the Police
Station for the purpose of completing the investigation.
4. After hearing the parties at length, it is evident that the
Wakodikar 2/4
22-ABA-1249-2026.doc
gross delay in filing the FIR stares on the face of the complainant.
The delay is not only gross, but also unexplained. It appears that the
present dispute arises out of civil and monetary transaction and that it
has been given colour of criminality.
5. In this premise, in the meantime, the applicant is granted
interim protection on the following terms and conditions :
ORDER
(i) In the event of arrest, the applicant – Pallavi
Sanjay Raut, shall be released on bail in connection with
C.R.No. 984 of 2025 registered with Ambarnath Police
Station, Thane City on 31st December, 2025, for the
offences punishable under Sections 406, 420 r/w 34 of the
Indian Penal Code, 1860, on furnishing P.R. bond in the
sum of Rs.25,000/-, with one or two solvent sureties in the
like amount.
(ii) The applicant shall report to the Investigating
Officer of the concerned Police Station twice in a month
i.e. on 1st and 3rd Monday of every month till filing of the
chargesheet.
(iii) The Applicant shall not tamper or attempt to
influence the complainant, witnesses or any person
Wakodikar 3/4
22-ABA-1249-2026.doc
concerned with the case;
(iv) The Applicant shall inform her latest place of
residence and mobile contact number and/or change of
residence or mobile details, if any, from time to time, to the
Court seized of the matter and to the Investigating Officer
of the concerned Police Station;
(v) The applicant to co-operate with the
investigating agency.
6. Anticipatory Bail Application is accordingly disposed of on
the aforesaid terms.
SANDESH D. PATIL, J.
Wakodikar 4/4
Checking your session…