ALLBAKSHI FARAUKHSAB CHAPATIversusTHE STATE OF MAHARASHTRA

                                                                   501-ABA-3084-2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR

                           CRIMINAL APPELLATE JURISDICTION

         CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3084 OF 2023


Allbakshi Farukshab Chapat                                       …...Applicant
                 Versus.
The State of Maharashtra                                          ...…Respondent

                                       -----
Mr. Rishikesh Mohite, Advocate for the Applicant.
Ms. Shubhangi Deshmukh, A.P.P. for the Respondent-State.
Mr. S. S. Gosavi, API, Satara City Police Station.
                                      -------

                                       Coram :     ASHWIN D. BHOBE, J.
                                       Date :      30th September 2026.

PER COURT :


1.        Heard, Mr. Rishikesh Mohite, learned Advocate for the Applicant, and

Ms. Shubhangi Deshmukh, learned APP for the Respondent-State.


2.        On 1st November 202, the following order was passed:

         “1.     Heard the learned counsel for the applicant and the learned APP
         for the State.

         2.      This application is preferred seeking pre-arrest bail in connection
         with C.R. No. 248 of 2023 registered at Satara police station for the
         offences punishable under sections 120-B, 406, 420, 468 and 471 read


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         with 34 of Indian penal Code, 1860.

         3.      The first informant lodged report with the allegations that he
         was induced to part with a sum of RS. 17,64,560/- by the co-accused
         Yuvraj Kamble by making a false representation that a tanker laden with
         oil would be sold and delivered at his place at Satara. On the instructions
         of the co-accused, the first informant claimed to have credited the
         amount to the account of Green Fuel Services, Dharwad, of which the
         applicant is the proprietor. Oil was not delivered, as promised. The first
         informant alleged that the co-accused as well as the applicant defrauded
         him of said the amount

         4.      The learned counsel for the applicant submits that the applicant
         had no transaction with the first informant. On the instructions of the co-
         accused, he had accepted the amount credited by the first informant in
         his account and, immediately, transferred the sum of Rs. 16,15,459/- to
         the account of Radhyesham Trading Company, who was to supply the oil.
         Radhyesham did not supply the oil. Hence, the co-accused Yuvraj lodged
         complaint against Gopal Gandhi, the Proprietor of the Radhyesham
         Trading. Attention of the Court was invited to the entry in the statement
         of accounts of the applicant and the UPI receipt.

         5.      The learned APP submitted that this fact has not been
         investigated into by the investigating officer.

         6.      The question as to whether the applicant was also privy to the
         offence and had dishonest intention since inception of the transaction
         would turn upon the credit of the amount by the applicant to
         Radhyeshyam Trading as alleged. It would, therefore, be necessary for
         the investigating officer to investigate into this aspect as well.

         7.      In the meanwhile, in the event of arrest in C.R. No.248 of 2023
         registered with Sarara City police station, the applicant be released on


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         bail on furnishing a P.R. bond in the sum of Rs.30,000/-with one or two
         sureties in the like amount.

         8.   The applicant shall cooperate with the investigation and attend
         Satara City police station, on 9th, 10th and 11th November, 2023 in
         between 10 am to 1 pm and, thereafter, as and when directed.

         9.   The applicant shall not tamper with the prosecution evidence and
         give threat or inducement to first informant, any of the prosecution
         witnesses or any person acquainted with the facts of the case.

                 Stand over to 13th December, 2023.”


3.        Mr. Rishikesh Mohite, learned Advocate, on instructions of the

Applicant, states that the Applicant has appeared before the Investigating

Officer in Crime No. 248 of 2023 registered at Satara Police Station and has

fully cooperated with the investigation. He further states that the Applicant

shall continue to cooperate with the investigation and appear as and when

required by the Investigating Officer.


4.        Ms. S. N. Deshmukh, learned APP for the State, though on 28.09.2026

tendered a Report dated 28.09.2026 (taken on record and marked as ‘X’ for

identification), today, on instructions of the Investigating Officer investigating

Crime No. 248 of 2023, submits that the Applicant had appeared before the

Investigating Officer and has cooperated with the investigation in Crime

No.148 of 2023. She submits that upon completion of the investigation in

Crime No. 248 of 2023, charge-sheet has been filed before the Judicial



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Magistrate First Class, Satara and the same is registered as R.C.C. No.212 of

2023. She states that a supplementary charge-sheet will also be filed in

R.C.C. No.212 of 2023. She, on instructions of the Investigating Officer, states

that custodial interrogation of the Applicant is not required in Crime No.248

of 2023.


5.       Considering the aforesaid statements made by Mr. Rishikesh Mohite,

learned Advocate for the Applicant and Ms. Deshmukh, learned APP for the

State, and noting that the Applicant has been on interim bail since November

2023, with no allegations that the Applicant has violated any of the

conditions of the bail, the order dated 01.11.2023 is confirmed and made

absolute in terms of the conditions in paragraphs 7 and 9, thereof.


6.       The Anticipatory Bail Application No.3084 of 2023 is disposed.




                                       [ ASHWIN D. BHOBE, J. ]




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