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Bombay High Court

INDRAJIT SHANKAR WAGHMARE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

Anticipatory bail is granted to the applicants with conditions, as the allegations do not warrant pre‑arrest detention.

Summary

The applicants, Indrajit and Rajendra Waghmare, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case alleging conspiracy to fraudulently sell land belonging to the Pearls Aggrotech Corporation Limited (PACL) despite a Supreme Court order prohibiting such transactions. The prosecution alleged that the applicants purchased the land in 2017 using proceeds from the sale of their ancestral property, thereby violating the Supreme Court's Lodha Committee directions. The defence argued that the applicants were bona‑fide purchasers, that the land had no recorded prohibition at the time of purchase, and that they would cooperate with the investigation. The court examined the seriousness of the alleged offences, the prima facie evidence of a legitimate purchase, and the need to balance the rights of the accused with the interests of justice. Concluding that the applicants were not likely to tamper with evidence or influence witnesses, the court granted anticipatory bail subject to strict conditions.

Issues considered

  • Whether anticipatory bail should be granted to the accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged violation of a Supreme Court order and multiple IPC offences.
  • Whether the applicants can be considered bona‑fide purchasers of the disputed land despite the Supreme Court's prohibition on its sale.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • fraud
  • conspiracy
  • Supreme Court order
  • PACL land
  • bona fide purchaser
  • criminal procedure

Judgment

                                                       910 ABA-1270-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.1270 OF 2026
1. Indrajit Shankar Waghmare                               …Applicants
2. Rajendra Shankar Waghmare
            Vs.
1. State of Maharashtra
(Through Bavdhan Police Station, Pune)
2. Pandurang Vishwambhar Pawar                             …Respondents
3. Economic Offence Wing, Pimpri-
Chinchwad, Pune


Mr. Makarand Shinde, for the Applicants.
Mr. P.P. Jadhav, APP for the Respondent No.1-State.
Mr. Rohan Mahadik i/b Mekhala More and Ram Lolarakh Bind, for
the Respondent No.2.
API Sachin Ghate, EOW, Pimpri Chinchwad Police Station.


                         CORAM:       MADHAV J. JAMDAR, J.
                         DATE :       1st OCTOBER, 2026
P. C.:

1.       Heard Mr. Shinde, learned counsel appearing for the

Applicants,       Mr.   Mahadik,    learned      counsel   appearing     for

Respondent No.2-complainant and Mr. Jadhav, learned APP

appearing on behalf of the State.



2.       By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicants are seeking pre-

arrest bail in connection with C.R. No. 475 of 2025 registered with


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Bavdhan Police Station, Pimpri Chinchwad for the offences

punishable under Sections 409, 420, 419, 465, 467, 468, 471 read

with 120-B of the Indian Penal Code, 1860.



3.    The prosecution case is set out in paragraph No.2 of the

order dated 8th April 2026 passed passed by learned Additional

Sessions Judge, Pune in Criminal Bail Application No. 7365 of

2025, which reads as under :-


      “2.   It is the prosecution case that in between 2015 to

      2019, investors of the PACL Company were defrauded.

      To facilitate the return of investment amounts, the

      Hon'ble Justice Lodha Committee protected specific

      land properties and prohibiting their sale, transfer, or

      transaction. However, the accused persons namely

      Akash Anand Chauhan, Chandrakant Ramchandra

      Sanglikar,   Nitin   Narayan       Thopte,     Chandrakant

      Basninga Bamne, Govardhan Baban Bandal, Pramod

      Tukaram Chandere, Ravindra Murlidhar Chinchwade,

      Indrajit Shankar Waghmare and Rajendra Shankar

      Waghmare conspired and hatched a pre-planned




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      conspiracy. They have created and brought in to

      existence false, bogus and fake Sale-Deeds in respect of

      disputed properties for their own benefit without

      obtaining prior permission from the Hon'ble Justice

      Lodha Committee. They have sold out and transferred

      the properties by creating bogus documents and

      thereby defrauded the PACL investors. Hence, the

      informant lodged report.”


4.    Perusal of the record shows that, as the investors on Pearls

Aggrotech   Corporation    Limited     (“PACL”)     Company      were

defrauded, proceedings were filed and Supreme Court by order

dated 2nd February 2016 directed Securities and Exchange Board of

India to constitute committee for disposal of the land purchased by

the PACL so that sale proceeds could be paid to the investors who

had invested their funds in the company for purchase of the land.

The Supreme Court further directed that Hon’ble Mr. R.M. Lodha,

the former Chief Justice of India would be the Chairman of the

said Committee. Thereafter, on 25th July 2016, the Supreme Court

directed that PACL and/or its Directors, Promoters, Agents, etc.

shall not sell, transfer or alienate any of the properties in which




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PACL has, in any manner, any right or interest, whether situated

within or outside India.



5.    The allegation against the present Applicants, as per the

prosecution case, is that on 24th      March 2017, they purchased

agricultural land admeasuring 20 Ares out of Survey No. 160/16/A

from Crest Entertainment and Media Private Limited, for a

consideration of Rs.60,00,000/-, which property belonged to PACL

and Supreme Court by order 25 th July, 2016 inter alia prohibited

sale of PACL properties.



6.     It is the submission of learned counsel appearing for the

Applicants that Applicant No.1 is working as a Office Boy and

Applicant No.2 is a Rickshaw Driver. Both of them inter alia sold

by a registered Sale-Deed dated 17th February 2016, their ancestral

land and received consideration of Rs.60,00,000/-. It is submitted

that by utilizing the said consideration received, the subject

property was purchased by registered Sale-Deed dated 24 th March

2017. It is further submitted that in none of the revenue records of

the property, it is mentioned that there is a prohibition for sale of

said land as directed by the Supreme Court. It is submitted that




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the Mutation Entry No. 10383 dated 24th January 2020 is made in

the revenue record, wherein it is stated that the Supreme Court

had directed not to sell the subject land.          It is stated that the

purchase by the Applicants is on 24 th March 2017 and for the first

time, mutation entry is made in the revenue record on 24 th January

2020.      It is, therefore, submitted that the Applicants are the

bonafide purchasers of subject property and are not involved in the

crime.



7.       On the other hand, Mr. Jadhav learned APP as also Mr.

Mahadik, learned counsel appearing for the Respondent No.2-

complainant submitted that the offence is very serious, where the

directions issued by the Supreme Court not to sell the properties of

PACL have been violated. It is therefore submitted that custodial

interrogation is necessary.



8.       Perusal of the record shows that the Applicants, inter alia

sold their ancestral land by a registered Sale-Deed dated 17 th

February 2016 and received consideration of Rs.60,00,000/-. By

utilising the said consideration, they purchased 20 Are land out of

land bearing Survey No. 160/16/A situated at Taluka Mulshi,




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District Pune by registered Sale-Deed dated 24 th March 2017. For

the first time in the revenue record, Mutation entry No. 10383 was

inserted on 24th January 2020 stating that the Supreme Court had

directed not to sell subject land.



9.    Thus, prima facie, there is substance in the contentions

raised by Mr. Shinde, learned counsel appearing for the Applicants

that the Applicants are bona fide purchasers. He submits that the

Applicants   will   cooperate    with     the    investigation.   He,   on

instructions, states that the Applicants will not create third party

interest with respect of the subject land.



10.   Accordingly, the Anticipatory Bail Application is disposed of

by passing the following order :-


                                ORDER

      (a)    In the event of arrest of the Applicant No.1-Indrajit

             Shankar Waghmare and Applicant No. 2-Rajendra

             Shankar Waghmare, in connection with C.R. No. 475

             of 2025 registered with Bavdhan Police Station,

             Pimpri Chinchwad, the Applicants are directed to be

             released on bail on their furnishing P.R. Bond in the



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            sum of Rs. 30,000/-, each, with one or two solvent

            sureties each in the like amount.

      (b)   The Applicants shall attend the concerned Police

            Station on 12th October 2026 and 13th October 2026

            between 11:00 a.m. to 02:00 p.m. and shall cooperate

            with the investigation. In addition, the Applicants

            shall attend the concerned Police Station as and when

            called.

      (c)   The Applicants shall furnish their cell phone number

            and residential address to the Investigating Officer

            and shall keep the same updated, in case of any

            change thereto.

      (d)   The Applicants shall not directly or indirectly make

            any inducement, threat, or promise to any person

            acquainted with the facts of the case so as to dissuade

            such a person from disclosing the facts to the Court or

            to any Police personnel.

      (e)   The Applicants shall not tamper with the prosecution

            evidence and shall not contact or influence the

            Complainant or any witness in any manner.




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11.   The Anticipatory Bail Application is disposed of accordingly.




                                            [MADHAV J. JAMDAR, J.]




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