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Bombay High Court

ARUN RANGRAO ROKADEversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The court confirmed the anticipatory bail order of 8 December 2023 and made the bail conditions absolute, thereby granting unconditional anticipatory bail to the applicant.

Summary

Arun Rangrao Rokade applied for anticipatory bail in a case (C.R. No.1149 of 2023) alleging cheating under IPC sections 406, 409 and 420 read with section 34. The allegations stem from a commercial arrangement where Rokade and his wife leased four shops, started a grocery store and induced an investor to put in Rs 25 lakh with promises of monthly returns, which they failed to honor, resulting in a loss of Rs 23.6 lakh. The trial court on 8 December 2023 granted interim bail subject to conditions, directing the applicant to implead the investor as a second respondent and to comply with certain undertakings. On 28 September 2026, after hearing counsel and noting that the applicant had cooperated with the investigation, had not breached any conditions, and that the second respondent declined to contest, the High Court confirmed the earlier bail order and made the bail conditions absolute. Consequently, the anticipatory bail was effectively unconditional and the application was disposed. The judgment underscores that where the accused shows cooperation and no breach of bail terms, anticipatory bail may be granted and conditions can be lifted.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged cheating under IPC sections 406, 409, 420 and 34.
  • Whether the nature of the dispute is a commercial failure of promise or a dishonest criminal intent warranting denial of bail.
  • Whether the conditions imposed in the earlier interim bail order can be made absolute.
  • Whether the first informant should be impleaded as a second respondent for the purpose of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • IPC 406
  • IPC 409
  • IPC 420
  • commercial dispute
  • bail conditions
  • criminal procedure

Judgment

                                                                     28-ABA-3408-2023.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
          ANTICIPATORY BAIL APPLICATION NO. 3408 OF 2023

Arun Rangrao Rokade                                         ...Applicant
        Versus
State of Maharashtra                                        ...Respondent
_______________________________________________________________
Mr. Vaibhav Gaikwad, Advocate for the Applicant (through VC).
Mr. N.B. Patil, APP for the Respondent – State.
PC S. V. Khilare, Karad City Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 28th September, 2026.
P.C. :


1.       Heard Mr. Vaibhav Gaikwad, learned Advocate for the Applicant

and Mr. N. B. Patil, learned APP for the Respondent – State.



2.       On 08.12.2023, 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. 1149 of 2023 registered at Karad
           City police station for the offences punishable under sections
           406, 409 and 420 read with 34 of Indian penal Code, 1860.
           3.         The applicant and his wife (co-accused) has taken
           four shops of the first informant on lease and started a
           grocery market "E Store". The applicant and the co-accused
           allegedly induced the first informant to invest a sum of Rs. 25
           lakhs in the E Store by making representation that the first
           informant would get return of Rs. 1 lakh per month, for 35
           months. The first informant would also get 5% of the sale



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          value, per month. The applicant and the co-accused neither
          paid the rent nor returned the amount which the first
          informant had invested and thereby deceived the first
          informant to the tune of Rs. 23,60,000/-. Ther learned
          counsel for the applicant submitted that there was a
          commercial transaction between the applicant and the first
          informant. As the dispute arose, the applicant has been
          falsely roped in.
          4.         Prima facie, it appears that the genesis of the
          offence is in the commercial transaction between the parties.
          What was the real nature of the transaction between the
          parties and whether it was a case of failure to perform the
          promise or the intention of the applicant was dishonest since
          inception of the transaction, would warrant consideration.
          5.         In the backdrop and nature of accusation, it may
          be expedient to implead the first informant as party
          respondent and decide the application after providing an
          opportunity of hearing to the prosecution and first informant
          and in the meanwhile grant interim protection.
          6.         The applicant shall implead the first informant as
          party respondent No. 2.
          7.        Necessary amendment be carried out forthwith.
          8.        Issue notice to the respondents.
          9.          In addition to notice through Court, the applicant
          shall serve respondent No. 2 by private service and file
          affidavit of service.
          10.        In the meanwhile, in the event of arrest in C.R.
          No.1149 of 2023 registered with Karad City police station,
          the applicant be released on bail on furnishing a P.R. bond in
          the sum of Rs.30,000/-with one or two sureties in the like
          amount.
          11.        The applicant shall cooperate with the
          investigation and attend Karad City police station, on 14th,
          15th and 16th December 2023 in between 10 am to 1 pm
          and, thereafter, as and when directed.
          12.       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 24th January, 2023.



3.      Mr. Vaibhav Gaikwad, learned Advocate for the Applicant, states

that the Applicant has appeared before the Investigating Officer, Karad


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City Police Station and has co-operated with the investigation in Crime

No. 1149 of 2023. He states that upon the completion of the

investigation in Crime No. 1149 of 2023, chargesheet is filed by the

Respondent – State and the matter is proceeding before the Judicial

Magistrate First Class, Karad (“Trial Court”). He submits that the

Applicant is regularly appearing before the Trial Court at Karad.



4.      Mr. N. B. Patil, learned APP, on instructions from the

Investigating Officer, Karad City Police Station, submits that the

Respondent No. 2 was notified about the date of hearing fixed in this

Application, however, the Respondent No. 2, has informed the

Investigating Officer, that he is not willing to contest this Application.



5.      Mr. N. B. Patil, learned APP, again on instructions from the

Investigating Officer, states that Applicant has appeared before the

Investigating Officer and co-operated with the investigation. Upon

completion of the investigation, chargesheet is filed on 14.08.2026. He

submits that the chargesheet is now registered as R.C.C. No. 107 of

2026 and is pending before the Judicial Magistrate First Class, Karad.



6.      In view of the statements made by Mr. Vaibhav Gaikwad, learned

Advocate for the Applicant and Mr. N. B. Patil, learned APP for the




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                     Respondent – State, the Applicant being on interim bail since

                     08.12.2023 and there being there being no allegations of any breach of

                     the conditions of the order dated 08.12.2023, this Application is

                     allowed by confirming the order dated 08.12.2023 and making the

                     paragraph nos. 10 and 12 in the order dated 08.12.2023, absolute.



                     7.      Anticipatory Bail Application No. 3408 of 2023 is disposed of.



                                                                   (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.30
        21:54:31
        +0530




                     Arjun                            4


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