Bombay High Court
SHARAD PITER JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISMISSED
Holding
The Court dismissed the anticipatory bail application, finding prima facie involvement and the necessity of custody for investigation.
Summary
The applicant, a 68‑year‑old man, sought anticipatory bail in connection with a property‑sale fraud alleged under Sections 318(4), 336(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita. The FIR alleges that he impersonated the owner of Gut No. 453 and executed a fraudulent sale deed. The applicant argued that he was misled by a co‑accused, that his age warranted leniency, and that only documentary evidence existed, making custodial interrogation unnecessary. The State contended that there was prima facie evidence of impersonation and that custody was required for investigation. The Court held that the prima facie involvement justified denial of pre‑arrest bail and that custodial interrogation remained necessary, consequently dismissing the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted when prima facie evidence of impersonation and fraud exists.
- Whether custodial interrogation is required despite the presence of documentary evidence.
- Whether the applicant's age and alleged misguidance constitute sufficient grounds for granting pre‑arrest bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 336(2), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- impersonation
- property fraud
- custodial interrogation
- Bharatiya Nyaya Sanhita
Judgment
2026:BHC-AUG:38749
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 ANTICIPATORY BAIL APPLICATION NO. 1660 OF 2026
SHARAD PITER JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Sachin S. Kotkar, Advocate for Applicant
Mr. S. P. Joshi, APP for the Respondent/State
CORAM : R. M. JOSHI, J.
DATED : 28th AUGUST, 2026
PER COURT :-
1. Applicant seeks pre arrest bail in connection with Crime No. 173 of
2026, registered with Newasa Police Station, District Ahilyanagar, for the
offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2) of
the Bharatiya Nyaya Sanhita.
2. The First Information Report indicates that the present applicant
impersonated himself as the owner of Gut No. 453 situated at Newasa and
executed a sale deed in favour of the purchaser.
3. Learned Advocate for the applicant submits that the applicant is aged
about 68 years and that he was misguided by the co-accused, to whom he had
entrusted the work. In this regard, he drew the attention of the Court to the
affidavit executed by the applicant at the instance of Sachin Dhongde. It is his
submission that the offence in question is based upon documentary evidence
910 ABA 1660.2026.odt 1 of 2
and, as such, custodial interrogation of the applicant is not necessary.
4. Learned APP opposed the grant of any protection to the applicant by
referring to the allegations against the applicant in the First Information
Report.
5. Even if it is accepted, for the sake of argument, that the applicant had
entrusted some work to Sachin Dhongde, he would not have impersonated
himself as the owner of Gut No. 453 by mistake. There is prima facie evidence
on record to indicate that the applicant impersonated himself as the
owner of the said property and, as such, his prima facie involvement is found
in the crime. This Court does not agree with the contention of the learned
Advocate for the applicant that custodial interrogation is not necessary in the
present case. Once the involvement of a person is prima facie found in a crime
like the one in hand, the question of granting interim pre-arrest bail to such
an applicant does not arise. This Court finds substance in the contention of
the learned APP that this is a case wherein the custody of the applicant is
necessary for the purpose of investigation.
6. Since this Court is not inclined to grant any interim relief to the
applicant, the application itself deserves to be dismissed and is accordingly
dismissed.
( R. M. JOSHI, J.)
ssp
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