Bombay High Court

SIDDHANT BHAGWAN PARABversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court confirmed the anticipatory bail and made the earlier conditions absolute.

Summary

The applicant, Siddhant Bhagwan Parab, sought anticipatory bail in connection with a criminal case (C.R. No.252 of 2023) alleging offences under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code. The allegations stem from a disputed property transaction where the applicant allegedly borrowed Rs.10 lakh, sold a flat for Rs.15 lakh, failed to deliver possession, and subsequently transferred the same flat to another party, raising concerns of fraud. The court noted that the investigation was complete, a chargesheet had been filed, and the applicant had cooperated with the police, rendering custodial interrogation unnecessary. Considering the applicant's compliance with bail conditions and lack of any breach, the court exercised its discretion in favour of the applicant. The order confirmed the anticipatory bail, made the earlier conditions absolute, and disposed of the application.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged fraud and property deception under the IPC.
Whether the applicant’s cooperation with the investigation and the filing of a chargesheet affect the grant of bail.
Whether custodial interrogation is warranted in the circumstances.
Whether the bail conditions imposed earlier should be made absolute.

Legislation cited

Indian Penal Code, 1860 — s. 34, 420, 465, 467, 468, 471

Subjects

anticipatory bail
pre‑arrest bail
Indian Penal Code
fraud
property transaction
bail conditions
custodial interrogation

Judgment

22-ABA-2799-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2799 OF 2023
Siddhant Bhagwan Parab ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
_______________________________________________________________
Mr. Rohit Mahadik (through VC), Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
PSI Pramod Patil, Sawantwadi Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 29th September, 2026.
P.C. :

1. Heard Mr. Rohit Mahadik, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.

2. On 06.10.2023, the following order was passed :-

1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in
connection with C.R.No.252 of 2023 registered with
Sawantwadi Police Station for the offences punishable
under Sections 420, 465, 467, 468, 471 read with Section
34 of the Indian Penal Code.
3. Having regard to the nature of the accusation, it
may be expedient to implead the first informant as party
Respondent to this application.
4. The learned Senior Counsel for the Applicant
seeks leave to amend the application so as to implead the
first informant as party Respondent.
5. Leave granted.
6. Necessary amendment be carried out forthwith.

Arjun 1
22-ABA-2799-2023.doc

7. Issue notice to the Respondents, returnable on 7
November 2023.
8. Learned APP waives service on behalf of the Respondent
– State.
9. In addition to notice through Court, the
applicant is at liberty to serve the first informant by private
service and file an affidavit of service.
10. The gravamen of indictment against the
applicant is that the applicant has initially borrowed a sum
of Rs.10 Lakhs from the first informant in the year 2015.
Later on, the applicant agreed to sell a flat to the first
informant for a consideration of Rs.15 Lakhs. The balance
amount of Rs.5 Lakhs was paid by the first informant and
the Sale Deed was executed on 17 February 2017. The
Applicant, however, did not deliver possession of the flat.
In the year 2022, when the first informant visited the
building where the flat is situated, the flat was found in a
sealed state. Upon inquiry, it transpired that the applicant
had again transferred the said flat to one Amit G. Paste, by
executing an Agreement for Sale and the said transferee
had availed a loan, from Bank of India, and the said flat
was again mortgaged to Swami Vivekanand Nagari
Sahakari Patsanstha.
11. The learned Counsel for the Applicant submitted
that the real transaction between the parties was one of
money lending. Documents were executed to cover the
investment. The applicant will reverse the transaction
entered into with Amit G. Paste, and the entire loan of
Bank of India is repaid and the loan of Swami Vivekanand
Nagari Sahakari Patsanstha will also be repaid within a
couple of weeks.
12. The learned APP submitted that the applicant
has transferred one and the same property to multiple
transferees and raised the amounts.
13. Prima facie, it appears that initially the
transaction between the first informant and the applicant
was of a hand loan. It further appears that the applicant
has entered into multiple transactions in respect of the very
same premises. However, having regard to the nature of
the accusation, at present, custodial interrogation of the
applicant does not seem to be warranted. The Applicant
can be directed to join in the investigation. If the
investigation reveals the complicity of the applicant, in the
sense that, the transactions were entered into with an
intent to deceive the prior transferees, the said factor can
be considered at the stage of final disposal of the
application. Hence, I am inclined to exercise the discretion
in favour of the applicant.

Arjun 2
22-ABA-2799-2023.doc

14. Hence, the following order:
ORDER
(i) In the event of the arrest of the Applicant Siddhant
Bhagwan Parab in connection with C.R.No.252 of 2023
registered with Sawantwadi Police Station, the Applicant
be released on bail on furnishing a PR bond in the sum of
Rs.30,000/- with one or two sureties in the like amount.
(ii) The Applicant shall co-operate with the
investigation and report to Sawantwadi Police Station on
16th, 17th, 18th and 19 October 2023 in between 10.00
a.m. to 1.00 p.m.
(iii) The Applicant shall not tamper with the
prosecution evidence and/or give threat or inducement to
the first informant, any of the prosecution witnesses or any
of the persons acquainted with the facts of the case.
(iv) Stand over to 7 November 2023.

3. Mr. Rohit Mahadik, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer,

Sawantwadi Police Station and has co-operated with the investigation in

Crime No. 252 of 2023. He submits that the investigation in Crime No.

252 of 2023 is complete and the chargesheet is filed. He submits that

Crime No. 252 of 2023 is now registered as R.C.C. No. 10 of 2025 and

is pending before the Judicial Magistrate First Class, Sawantwadi. He

submits that the Applicant is appearing before the Judicial Magistrate

First Class, Sawantwadi.

4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on

instructions from the Investigating Officer, Sawantwadi Police Station,

states that the Applicant has appeared before the Investigating Officer

Arjun 3
22-ABA-2799-2023.doc

and co-operated with the investigation in Crime No. 252 of 2023. She

submits that the investigation in Crime No. 252 of 2023 is complete,

the chargesheet is filed, the same is registered as R.C.C. No. 10 of 2025

and is pending before the Judicial Magistrate First Class, Sawantwadi.

She submits that the custodial interrogation of the Applicant is not

required.

5. Mr. Rohit Mahadik, learned Advocate for the Applicant, states

that the Respondent No. 2 is duly served in this Application.

6. In view of the statements made by Mr. Rohit Mahadik, learned

Advocate for the Applicant and Dr. A. A. Takalkar, learned APP that the

chargesheet in Crime No. 252 of 2023, is filed, further, the Applicant

being on interim bail since 06.10.2023, there being no allegations of

breach of any bail conditions imposed in the order dated 06.10.2023,

this Application is allowed by confirming the order dated 06.10.2023

and making the condition nos. 14(i) and (iii) of the order dated

06.10.2023, absolute.

7. Anticipatory Bail Application No. 2799 of 2023, is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.01
10:53:53
+0530 Arjun 4

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