Bombay High Court

AMITA PRASAD KADAMversusSTATE OF MAHARASHTRA

Decided: 21 September 2026
Disposal: Allowed

Holding

The court held that, on a prima facie basis, the applicant was not involved in the alleged fabrication and therefore granted anticipatory bail with conditions.

Summary

The applicant, Amita Prasad Kadam, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case alleging fabrication of a Commencement Certificate used for registration under the Registration Act, 1908. The prosecution alleged that the certificate, dated 16 April 2022, was falsified and used to register documents relating to a property development project. The applicant contended that she became a partner in the development firm only on 24 May 2025, after construction had already commenced, and therefore could not have participated in the alleged fraud. The court examined the partnership deed and the 2018 agreement, finding that the construction was indeed underway before the applicant’s induction, and concluded that she was not prima facie involved in the fabrication. Consequently, the court granted anticipatory bail with a set of conditions, including furnishing a bond, cooperation with investigation, and restrictions on tampering with evidence or influencing witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant despite allegations of involvement in the fabrication of a municipal certificate.
Whether the applicant’s later admission as a partner in the development firm negates any participation in the alleged fraudulent act.
Whether custodial interrogation is necessary in view of the alleged seriousness of the offence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
Registration Act, 1908 — s. 82

Subjects

anticipatory bail
fabricated document
partnership deed
registration act
criminal procedure
bail conditions
women

Judgment

27-ABA-2533-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2533 OF 2026
Digitally
signed by
ARJUN Amita Prasad Kadam …Applicant
ARJUN VITTHAL
VITTHAL KUDHEKAR Versus
KUDHEKAR Date:
2026.09.21 The State of Maharashtra …Respondent
21:17:40
+0530

Mr. Priyal G. Sarda a/w Shubham Sudam Sane, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State.
PSI Mahesh Phatangare, EOW, Pune City, present.

CORAM: MADHAV J. JAMDAR, J.
DATED: 21 SEPTEMBER 2026
PC:-

1. Heard Mr. Sarda, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP, for the Respondent-State of

Maharashtra.

2. By this Anticipatory Bail Application filed under Section 482

of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

seeking pre-arrest bail in connection with CR No.315 of 2026

registered with Ambegaon Police Station, Pune City, for the

offences punishable under Sections 318(4), 336(3), 338, 340(2)

and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 82 of

the Registration Act, 1908.

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Arjun
27-ABA-2533-2026.DOC

3. As per the prosecution case, the Applicant and the Co-

Accused registered with registering authorities under the

Registration Act, 1908 certain documents by annexing a

Commencement Certificate allegedly issued by the Pune Municipal

Corporation, which is a fabricated document.

4. Mr. Sarda, learned Counsel appearing for the Applicant,

submits that the Applicant is a co-owner of the plot and that M/s.

Shree Developers, a partnership firm of Vinod Khanduji Pokale,

Santosh Ganpat Walhekar, Ganesh Baban Padwal and Sushant

Sunil Shinde, was to develop the said property and as

consideration for the said development rights said Partnership Firm

was to allot certain flats constructed on the said plot to the original

owners, including the present Applicant. It is submitted that, for

that purpose, the Applicant inducted as a partner with effect from

24th May 2025. He submits that the Applicant was inducted as one

of the partner pursuant to the Reconstituted Partnership Deed

dated 24th May 2025 and Clause No.6 of the said Partnership Deed

clearly shows that the construction had already started. The

alleged fabricated Commencement Certificate is dated 16th April

2022 and, therefore, the Applicant is not involved in the crime.

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27-ABA-2533-2026.DOC

5. On the other hand, Mr. Walve, learned APP, for the

Respondent-State of Maharashtra, submits that the offence is very

serious, as a fabricated Commencement Certificate was prepared,

purportedly issued by the Pune Municipal Corporation and the

same is being used for registration of the documents. He,

therefore, submits that custodial interrogation is absolutely

necessary.

6. Perusal of the record shows that the Applicant is not an

original partner of said M/s. Shree Developers. In fact, the

Applicant, her husband and other relatives are Co-owners of the

subject property, and said M/s. Shree Developers, through its

partners, namely, Vinod Khanduji Pokale, Santosh Ganpat

Walhekar, Ganesh Baban Padwal and Sushant Sunil Shinde, had

agreed to provide certain flats in the construction carried out on

the subject property as consideration to the co-owners, including

the present Applicant.

7. In fact, the said Agreement dated 22nd November 2018,

executed by the said partners with Narhari Anantrao Kadam,

Jayashri Narhari Kadam, Amita Prasad Kadam (present Applicant)

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27-ABA-2533-2026.DOC

and Prashant Narhari Kadam, specifically records that construction

on the land had already started. The Reconstituted Partnership

Deed dated 24th May 2025, in Clause No.6, also specifically

records that construction on the said land had already started.

8. Thus, prima facie, the Applicant is not involved in the

alleged fabrication of the documents. In any case, the Applicant

became a partner of the said partnership firm only on 24th May

2025. The Applicant is a woman.

9. Accordingly, in the facts and circumstances, case is made out

for grant of anticipatory bail by imposing conditions. In view

thereof, the following Order is passed:

ORDER

(a) In the event of arrest of the Applicant - Amita Prasad

Kadam, in connection with CR No.315 of 2026

registered with Ambegaon Police Station, Pune City,

the Applicant is directed to be released on bail on her

furnishing PR Bond in the sum of Rs.30,000/- with

one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police

Station, on 28th September 2026 and 29th September

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27-ABA-2533-2026.DOC

2026, and, thereafter, as and when necessary, till filing

of the Charge-sheet and shall cooperate with the

investigation.

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(d) The Applicant 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 Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the

Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior

permission of the Court.

10. The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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Arjun

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