Bombay High Court

SURESH PRABHAKAR PATIL AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off
Bench: M W CHANDWANI

Holding

The Court held that anticipatory bail should be granted as the dispute is essentially civil and there is no necessity for custodial interrogation.

Summary

The applicants, Suresh Prabhakar Patil and Jaya Suresh Patil, were alleged to have cheated a cattle‑feed supplier of Rs.81,46,296 by failing to pay for multiple transactions between July and December 2024. A First Information Report was lodged and the matter was registered as Crime No.0054 of 2026 under Sections 318(4), 316(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. The applicants filed an anticipatory bail application, contending that the dispute was essentially civil and that there was no need for custodial interrogation. The Court examined the FIR, the nature of the commercial dispute, and the applicants' undertaking to cooperate with the investigation. Finding that the allegations appeared to arise from a business transaction and that no material needed seizure, the Court granted anticipatory bail with conditions, directing the applicants to appear before police on specified dates and to refrain from tampering with evidence.

Issues considered

Whether the allegations of cheating arising from a commercial transaction warrant denial of anticipatory bail under the Bhartiya Nyaya Sanhita.
Whether custodial interrogation is necessary in a case that appears to be civil in nature.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)

Subjects

anticipatory bail
cheating
civil dispute
criminal procedure
Bhartiya Nyaya Sanhita
Section 318
Section 316
Section 3
business transaction
bail conditions

Judgment

54-ABA-170-2026.doc

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

ANTICIPATORY BAIL APPLICATION NO.170 OF 2026

1. Suresh Prabhakar Patil
2. Jaya Suresh Patil … Applicants
Versus
The State of Maharashtra and another … Respondents

Digitally signed
WITH
by SHAILAJA
SHAILAJA SHRIKANT INTERIM APPLICATION NO.276 OF 2026
SHRIKANT HALKUDE
HALKUDE Date:
2026.04.28 IN
19:54:43 +0530
ANTICIPATORY BAIL APPLICATION NO.170 OF 2026

Sachin Santulal Zamtani Intervener/Original
Complainant
IN THE MATTER BETWEEN:
1. Suresh Prabhakar Patil
2. Jaya Suresh Patil … Applicants
Versus
The State of Maharashtra and another … Respondents

***
Ms. Rati S. Sinhasane, for the Applicants.

Mr. S.H. Yadav, A.P.P, for Respondents – State.

Mr. Yash Fadtare, for Applicant in Interim Application No.276 of 2026.

Mr. Rohit Anil Chougule (Police Constable), Vishrambaug Police Station,
Sangli present.
***
CORAM : M. W. CHANDWANI, J.
DATE : 28th APRIL, 2026.

Shailaja 1
54-ABA-170-2026.doc

P. C. :

1. The applicants are apprehending arrest in connection with Crime

No.0054 of 2026 registered with Vishrambaug Police Station, District Sangli

for the offences punishable under Sections 318 (4), 316 (2) r/w 3 (5) of the

Bhartiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for the applicants and the learned A.P.P, for

non-applicant – State. I have gone through the case diary.

3. It appears that the applicants had been purchasing cattle feed from the

complainant. For the said transactions, they had earlier paid a total

consideration amounting to Rs.1,18,89,021/-. It is alleged in the First

Information Report that on 31st July, 2024, the applicants again purchased

cattle feed and made part payment towards the same. Thereafter, further

business transactions are stated to have continued between the applicants

and the complainant from 31st July, 2024 till 12th December, 2024. The

applicants had entered into seventeen transactions with the complainant

towards purchase of cattle feed, involving a total amount of Rs. 81,46,296/-.

When the complainant started asking for payment of the said cattle feed, the

applicants initially asked for more time and thereafter, started avoiding the

payment. Therefore, the complaint came to be lodged with the police station

Shailaja 2
54-ABA-170-2026.doc

with the allegation that after establishing trust, the applicants cheated the

complainant to the extent of Rs.81,46,296/-.

4. Prima facie, it appears that the dispute arises out of a business

transaction and is therefore, civil in nature. Whether the applicants had the

intention to cheat the complainant since inception is a matter for trial.

Nothing is required to be seized from the applicants and, therefore, custodial

interrogation of the applicants may not be required. The applicants

undertake to fully co-operate with the Investigating Authority. Considering

these aspects, a case is made out for grant of anticipatory bail. Hence, the

following order:

:ORDER:
(a) The anticipatory Bail Application is allowed.

(b) In the event of arrest in connection with Crime No.0054 of 2026

registered with Vishrambag Police Station, District Sangli for the offences

punishable under Sections 318 (4), 316 (2) r/w 3 (5) of the Bhartiya Nyaya

Sanhita, 2023, Applicant No.1 – Suresh Prabhakar Patil and Applicant No.2 –

Jaya Suresh Patil shall be released on bail upon furnishing a P.R bond in the

sum of Rs.25,000/- each with one solvent surety each in the like amount.

Shailaja 3
54-ABA-170-2026.doc

2026, 8th May, 2026 and 11th May, 2026 between 10.00 a.m and 12.00 noon

and shall co-operate in the investigation.

(d) The Applicants shall not threaten the prosecution witnesses or tamper

with the prosecution evidence.

5. With these directions, the application stands disposed of.

6. In view of disposal of the Anticipatory Bail Application, the Interim

Application also stands disposed of.

[M. W. CHANDWANI, J.]

Shailaja 4

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