Bombay High Court
VIJAYKUMAR ANKUSH KAWADE AND ANRversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The anticipatory bail application is disposed of in terms of the earlier order granting interim protection, so the bail continues.
Summary
The applicants filed an anticipatory bail application under Section 438 of the CrPC for offences under Sections 420 and 406 of the IPC arising from a fraud case (CR No.626/2024). The prosecution argued the offence was serious, but noted that a charge‑sheet had already been filed and the investigation was complete. A learned Single Judge had earlier granted interim bail protection to the applicants on 12 November 2024, which remained in force. The High Court considered the anticipatory bail request in light of the existing interim bail order. It disposed of the anticipatory bail application by referring to the earlier order, thereby allowing the bail protection to continue.
Issues considered
- Whether anticipatory bail should be granted when the charge‑sheet is already filed and investigation is complete.
- Whether the interim bail order dated 12 November 2024 remains effective for the applicants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 406, 420
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 420
- IPC 406
- charge sheet
- interim bail
- High Court
Judgment
912-ABA-2941-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2941 OF 2024
Digitally
signed by
ARJUN 1. Vijaykumar Ankush Kawade …Applicants
ARJUN VITTHAL
VITTHAL KUDHEKAR
KUDHEKAR Date: 2. Dhananjay Shantaram Wayakar
2026.01.08
20:35:16
+0530
Versus
The State of Maharashtra …Respondent
_______________________________________________________________
None for the Applicant.
Ms. G. P. Mulekar, APP, for the Respondent-State.
P.S.I. S. R. Dambale, Lonikand Police Station, Pune City, present.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 08 JANUARY 2026
P.C.:
1. None appears for the Applicant.
2. Ms. Mulekar, learned APP, submits that the offence is very serious
and therefore the Anticipatory Bail Application be rejected. However,
she submits that the Charge-sheet is already filed and that the Applicant
has complied with the Order dated 12th November 2024 passed by a
learned Single Judge.
3. The Applicant, by the present Anticipatory Bail Application filed
under Section 438 of the Code of Criminal Procedure, 1973, is seeking
pre-arrest bail in connection with CR No.626 of 2024 registered with
the Lonikand Police Station, Pune City, for the offences punishable
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912-ABA-2941-2024.doc
under Sections 420 and 406 of the Indian Penal Code, 1860.
4. The prosecution case is set out in Paragraph No.3 of the Order
dated 1st October 2024 passed by the learned Additional Sessions
Judge, Pune in Criminal Bail Application No.5020 of 2024, which reads
as under :-
“3] It is the story of the prosecution that the accused No.1
Sachin Ankush Gore was residing in front of the house of
informant Jatin Mustafa Sayyad. Accused No.1 made contacts
with the informant and with the help of informant showed the
vehicles of Kisan Chinchale that those are for sale. Thus, he
developed trust and thereafter, sold the said vehicles vide
agreements executed at Notary Register office, at
Chandannagar, Pune. It is alleged in the complaint that the
accused No.1 and the present applicants accused No.2 and 3
cheated and defrauded the informant on the pretext of selling
their car for Rs.10,37,910/-. Accordingly offence came to be
registered vide Crime No. 626/2024 at Lonikand Police
Station.”
5. A learned Single Judge has granted interim protection to the
Applicant by the Order dated 12th November 2024 which continues till
date. The Charge-sheet has already been filed. Thus, investigation is
completed.
6. Accordingly, the Anticipatory Bail Application is disposed of in
terms of the Order dated 12th November 2024 passed by a learned
Single Judge.
[MADHAV J. JAMDAR, J.]
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