PARVEZ SULEMAN LAKDAWALA AND ANR.versusTHE SENIONR INSPECTOR OF POLICE AND ORS.

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
VASANT                       ANTICIPATORY BAIL APPLICATION NO.2809 OF 2026
ANANDRAO
IDHOL
                   Parvez Suleman Lakdawala & Anr.                         ...Applicants
                              V/s.
Digitally signed
by VASANT          State of Maharashtra & Ors.                             ...Respondents
ANANDRAO
IDHOL
Date:              Mr.Mubin H. Solkar with Mr.Tahir Hussain, Mr.Anas K. Shaikh,
2026.10.09
20:55:04 +0530     Mr.Mehrosh Solkar, Adv.Tahera Qureshi, Adv. Zahid Burud, Adv.
                   Hema Shah, Mr.Yakub Shaikh and Mr.Mateen Undre for the
                   Applicants.

                   Mr.Prasanna P. Malshe, APP for the Respondent – State.

                   Mr.K.D. Patel, PSI, DCB Police Station, Ahmedabad is present in
                   Court.
                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 8TH OCTOBER, 2026.
                   P.C. :-

                   1.           Heard learned counsel for applicants as well as learned APP

                   for respondent nos.1 and 2 who had advanced submissions on the

                   basis of the instructions from the Investigating Officer from EOW,

                   Crime Branch, Jamalpur, Ahmedabad, Gujarat, who is personally

                   present in the court.

                   2.           This is an application for transit anticipatory bail in

                   connection with an offence bearing FIR No. 11191011260 of 2026

                   dated 15.06.2026 registered with DCB Police Station, Ahmedabad,


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State of Gujarat for the offences punishable under Sections 316(2),

316(5), 336(2), 336(3), 340(2), 341(4) and 61 of The Bharatiya

Nyaya Sanhita, 2023. It is pointed out that this offence is re-registered

and investigated by Economic Offences Wing, Crime Branch,

Gayakvan Haveli, Raikhad, Jamalpur, Ahmedabad, State of Gujarat

vide FIR No. 11191011260168 of 2026.

3.         Learned counsel for applicants submits that applicant no.1

is the Managing Partner and applicant no.2 is the Chief Executive

Officer of the firm viz. M/s. Grace Property Development Ventures

having its office at Bandra, Mumbai. It is submitted that FIR in

question is registered against the two accused persons on the basis of

allegation of inducement and cheating.         He submits that these

applicants are not named as accused in the FIR and a notice dated 21 st

August, 2026 under Section 179 of Bharatiya Nagarik Suraksha

Sanhita, 2023 (BNSS) was sent to the applicants. It is stated that in

response thereto, applicant no.2 had personally attended the office of

EOW on 4th August, 2026 and tried to submit the documents in

connection with the controversy, however, it was informed to

applicant no.2 that the presence of applicant no.1 is also necessary

and on failure to remain present, an offence would be registered

against both of them      and they would be arrested. He therefore

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submits that even though earlier notice under Section 179 of BNSS

was issued, they have got an apprehension of arrest. He submits that

thereafter a fresh notice dated 13 th September, 2026 under Section

179 of BNSS came to be issued. Thus, in view of the apprehension of

arrest, the applicants have filed the application for seeking transit

anticipatory bail before the sessions court which came to be rejected

and hence the instant application is filed.

4.         Learned counsel for applicants submits that the offence is

registered against two accused persons and as a matter of fact in

respect of the transaction in question, the applicants had transferred

an amount of Rs.13,23,000/- from their account of Kotak Mahindra

Bank to the complainant’s account in ICICI Bank. It is submitted that

the applicants are ready to disclose all the transactions and extend co-

operation by appearing in response to the notice under Section 179 of

BNSS.

5.         Learned APP for respondent no.1 on instructions from the

Investigating Officer, who is personally present on behalf of

respondent no.1 makes a statement that the Investigating Officer

wants co-operation of the applicants in investigation. For that purpose

notice under Section 179 of BNSS was served upon them. On

instructions he makes a statement that at this stage, the custody of the

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applicants is not required. He tenders across the bar a copy of the

report dated 8th October, 2026, signed by the Police Sub-Inspector,

EOW, Crime Branch, Ahmedabad which mentions that the presence of

the applicants is required in response to the notice under Section 179

of BNSS. The said report is taken on record and marked “X” for

identification purpose. He states that the investigation of the offence

is complete and the charge-sheet is filed on 23rd September, 2026.

6.          In view of above, since the notice under section 179 of

BNSS is again served upon the applicants, it is clear that the

applicants presence is required as a witness. Further in view of fact

that the charge-sheet is already filed in connection with the said

offence and hence there is no need of custodial interrogation of these

applicants. Further, considering the fact that the applicants are

seeking transit anticipatory bail for limited period to enable them to

approach the competent court, the instant application needs to be

allowed.

7.          Hence I pass the following order,

                               : ORDER :


       i.       In the event of arrest of applicants in connection

       with an offence bearing FIR No. 11191011260 of 2026

       dated 15.06.2026 registered with DCB Police Station,

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       Ahmedabad, State of Gujarat for the offences punishable

       under Sections 316(2), 316(5), 336(2), 336(3), 340(2),

       341(4) and 61 of The Bharatiya Nyaya Sanhita, 2023

       ( re-registered by Economic Offences Wing vide FIR No.

       11191011260168 of 2026), the applicants be released

       on bail on furnishing P.R. bond of Rs. 25,000/- each

       with one solvent surety of like amount.

       ii.         It is directed that this protection from arrest is

       granted for a period of four weeks from today, for

       enabling the applicants to approach the concerned

       Sessions Court for seeking appropriate orders.

       iii.        It is also directed that in case, respondent no.1

       wants the attendance of the applicants, prior notice of

       seven days be served upon them.

8.            It is clarified that this court has not expressed any

observations on the merits of the case and in case the applicants

submit any application under section 482 of BNSS, the same be

decided by competent court on its own merits.

9.            Accordingly, the instant application is allowed and disposed

of.

                                          (PRAFULLA S. KHUBALKAR, J.)




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