Bombay High Court
UDAY PANDURANG AJAGEKARversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The court confirmed the earlier interim bail order and granted absolute anticipatory bail, subject to the applicant’s reporting to and cooperation with the investigating officer.
Summary
The applicant, Uday Pandurang Ajagekar, sought anticipatory bail in connection with a fraud case (C.R. No. 642 of 2019) involving alleged loan fraud and multiple IPC offences. An interim bail order was granted on 19 June 2020 and extended to 30 June 2020, later continued up to 30 June 2026. The State argued that the applicant was instrumental in forging documents, while the applicant contended he was not a beneficiary and the charge sheet did not name him. The court examined the applicant's cooperation with the investigating officer and the conditions of the earlier interim bail. It confirmed the earlier interim bail order, imposed a condition that the applicant must appear before the investigating officer as required, and made the anticipatory bail application absolute, disposing of it.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite allegations of involvement in fraud under various IPC sections.
- Whether the applicant’s cooperation with the investigation satisfies the conditions for bail.
- Whether the earlier interim bail order can be confirmed and made absolute.
Legislation cited
- Indian Penal Code, 1860 — s. 406, 420, 465, 466, 467, 468, 471, 506 r/w 34
Subjects
- anticipatory bail
- fraud
- loan fraud
- Indian Penal Code
- cooperation with investigation
- bail conditions
Judgment
14 - ABA - 1911 - 2022.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1911 OF 2022
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.08.21
19:03:41 +0530
Uday Pandurang Ajagekar …Applicant
V/s.
The State Of Maharashtra …Respondent
Mr. Pratik Tare i/by Mr. Kedar Jaysing Patil for the
Applicant.
Ms. Mahalaxmi Ganapathy, APP for the State-Respondent.
CORAM : ASHWIN D. BHOBE, J.
DATED : AUGUST 19, 2026
P.C.:
1. Heard Mr. Pratik Tare, learned Advocate for the Applicant, and
Ms. Mahalaxmi Ganapathy, learned APP for the State-Respondent.
2. On 19th June 2020, the following order was passed:
“1. The Applicant is seeking anticipatory bail in connection with
C.R.No.642 of 2019 registered with Shivaji Nagar Police Station, Kolhapur
under sections 406, 420, 465, 466, 467, 468, 471 and 506 r/w. 34 of the
Indian Penal Code.
2. The allegations made in the FIR lodged by Assistant Manager working
with the State Bank of India, Ichalkaranji shows that Sudhir Chandure and
Suman Chandure had obtained loan from the informant’s bank on mortgaging
the property which was already mortgaged with other bank. Thus, both banks
were cheated. Based on these allegations the FIR was lodged. The
investigation was carried out and the charge-sheet was filed against five
persons.
3. The learned counsel for the applicant Shri. Kedar Patil submitted that
the applicant is sought to be arrayed as an accused belatedly. The charge-
sheet was not filed against him. He submitted that the applicant is not
beneficiary of the fraud.
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4. The learned APP Mrs. Takalkar submitted that the statement of one of
the co-accused shows that the applicant was instrumental in forging and
preparing some documents i.e. sanctioned plan and construction permission.
However, today she does not have copy of those documents and further
instructions. She seeks time to produce them. At her request the matter is
adjourned.
5. Shri. Patil submitted that, during the pendency of anticipatory bail
application before the Sessions Court, he was granted interim protection
which was continued even after rejection of the anticipatory bail application
till tomorrow i.e. 20/06/2020. In this view of the matter, though the matter is
being adjourned, the applicant is protected by interim order till the next date.
6. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R.No.642 of
2019 registered with Shivaji Nagar Police Station, Kolhapur, till the
next date, the Applicant be released on bail on his executing P.R. bond
in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with
one or two sureties in the like amount.
(ii) This order shall operate till 30/06/2020.
(iii) Stand over to 30/06/2020.”
3. On 11th August 2026, the following order was passed:
“1. This application is of the year 2022. By order dated 19th June, 2020
passed in LD/VC/DIST/ABA No.12 of 2020, the Applicant was granted
interim protection from arrest. The said order was continued by order dated
30th June, 2026.
2. Ms. Mahalakshmi Ganpathy, learned APP for the Respondent-State
submits that the Investigation Officer requires the presence of the Applicant
on 13th, 14th, 17th and 18th August, 2026 between 10:00 a.m. to 12:00
noon.
3. Mr. Pratik Tare, learned Advocate for the Applicant, on instructions,
submits that the Applicant shall appear before and report to the Investigating
Officer, at Shivajinagar Police Station, Kolhapur on 13th, 14th, 17th and 18th
August, 2026 between 10:00 a.m. to 12:00 noon.
4. Ms. Mahalakshmi Ganpathy, learned APP for the Respondent-State
seeks listing of the matter on 19th August, 2026.
5. At the request of Ms. Mahalakshmi Ganpathy, learned APP for the
Respondent-State and with the consent of Mr. Pratik Tare, learned Advocate
for the Applicant, list the matter on 19th August, 2026.”
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4. Mr. Pratik Tare, learned Advocate for the Applicant, states that
the Applicant has appeared before the Investigating Officer and has
cooperated with the investigation in Crime No. 642 of 2019. He states
that the Applicant shall continue to cooperate with the investigation.
5. Ms. Mahalaxmi Ganapathy, learned APP for the State, on
instructions from the Investigating Officer, states that the Applicant has
cooperated with the investigation. She submits that this Application be
disposed of by imposing a condition on the Applicant to appear and
report before the Investigation Officer as and when required.
6. In view of the statements referred to hereinabove, the present
Application is allowed on the following conditions:-
(a) Order dated 19th June 2020 is confirmed.
(b) The Applicant shall appear before and report to the
Investigating Officer in Crime No. 642 of 2019 as and when
called upon by the Investigating Officer of Shivaji Nagar Police
Station, Ichalkaranji, District Kolhapur.
(c) The Applicant shall cooperate with the investigation in
Crime No.642 of 2019.
7. Anticipatory Bail Application No. 1911 of 2022 is made absolute
and disposed of in terms of the order dated 19th June 2020.
(ASHWIN D. BHOBE, J.)
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