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Bombay High Court

NAFISA HASHMAT PARKARversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The court confirmed the anticipatory bail order dated 11 December 2023, making it absolute.

Summary

Nafisa Hashmat Parkar applied for anticipatory bail in connection with a fraud case (CR No.339/2023) involving alleged illegal transfer of property and multiple IPC offences (403, 406, 420, 465, 468, 471 read with 34). The trial court initially granted her interim bail on 11 December 2023 with conditions to cooperate with the investigation and not tamper with evidence. The State, through its counsel, informed the court that the investigation was complete, a charge‑sheet had been filed, and the applicant had fully complied with the bail conditions. The court, noting the applicant’s cooperation and lack of any breach, confirmed the interim bail order as absolute. Consequently, the anticipatory bail application was disposed of, leaving the bail in force.

Issues considered

  • Whether the anticipatory bail granted to the applicant should be confirmed given her cooperation and compliance with the conditions.
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses under the facts of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • fraud
  • property dispute
  • bail conditions
  • co‑operation with investigation

Judgment

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                                                                                         33-ABA-3435-2023 (CR).DOC


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

                                                    CRIMINAL APPELLATE JURISDICTION

                                             CR. ANTICIPATORY BAIL APPLN. NO. 3435 OF 2023

                                Nafisa Hashmat Parkar                                       …...Applicant
                                      VERSUS
                                The State Of Maharashtra                                    …...Respondent

                                _________________________________________________________________


                                None for Applicant.
                                Dr. Ashvini A. Takalkar, APP, for the Respondent-State.
                                Officer: Mr. D. B. Kurundwade, Khed Police Station, present.
                                _________________________________________________________________

           Digitally signed
           by SHANTANU
SHANTANU SHANKARSA
          DHUDUM
SHANKARSA Date:
DHUDUM    2026.09.22
           20:15:41
           +0530
                                                    CORAM         :   ASHWIN D. BHOBE, J.
                                                    DATE          :   21st SEPTEMBER, 2026.
                                P.C.


                                1.          When this Application was called out, neither the Applicant nor

                                the Advocate for the Applicant was present, either physically or through

                                V.C. mode.


                                2.          This Anticipatory Bail Application is pending since the year

                                2023. As such, the record is perused with the assistance of Dr. Ashvini A.

                                Takalkar, learned A.P.P. for the Respondent – State.


                                3.          On 11 December 2023, the following order was passed:


                                        “1) Heard the learned Counsel for the parties.


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                                                                    33-ABA-3435-2023 (CR).DOC


                 2) This application is preferred for pre-arrest bail in connection with
                     C.R. No. 339 of 2023, registered with Khed police station,
                     Ratnagiri, for the offences punishable under Sections 403, 406,
                     420, 465, 468 and 471 read with Section 34 of Indian Penal
                     Code, 1860 (“the Penal Code”).

                 3) The first informant had purchased premises situated at Khed
                     under a Registered Sale-Deed dated 10th July, 2017 from the
                     applicant, who claimed to be the absolute owner thereof. The first
                     informant parted with a consideration of Rs.29 Lakhs. In the
                     month of February, 2023, the first informant was served with a
                     notice by the Bank of Maharashtra to the effect that security
                     interest was created over the said premises by Mr. Javed Parkar
                     and Mohammad Mulla, the co-accused. Without clearing the
                     encumbrance on the said property, the said premises was sold by
                     the co-accused to the applicant on 23rd December, 2015 and the
                     applicant had, in turn, transfered the same to the first informant.
                     Hence, the report.

                 4) By an order dated 4th December, 2023 this Court had granted pre-
                     arrest bail to Mohammad Hanif Hamja Mulla, one of the co-
                     vendors of the applicant. By another order dated 5 th December,
                     2023, the application of Javed Yusif Parkar, another co-vendor of
                     the applicant, came to be rejected as the Court found that the
                     amount which was credited to the account of the applicant came
                     to be instantaneously transferred to the account of the said co-
                     accused.

                 5) The learned APP seeks time to take instructions regarding the
                     genuiness claim of the applicant about transfer of the amount to
                     the account of co-accused Javed Parkar, as evidenced by the
                     statement of account (Exhibit-F – pg. 47 of the application).

                 6) Prima facie, co-accused Javed Parkar appears to the real
                     beneficiary of the fraud. In the circumstances, I am inclined to


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                                                                    33-ABA-3435-2023 (CR).DOC


                     grant interim protection while directing the applicant to join in
                     the investigation.

                 7) Hence, the following order:-

                                                ORDER

                 I) In the event of arrest of the applicant in connection with C.R. No.
                     339 of 2023, registered with Khed police station, Ratnagiri, for
                     the offences punishable under Sections 403, 406, 420, 465, 468
                     and 471 read with Section 34 of Indian Penal Code, 1860, the
                     applicant be released on bail on executing 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 attend
                     Khed police station, Ratnagiri on 18th, 19th and 20th December,
                     2023 in between 10.00 am to 1.00 pm and, thereafter, as and
                     when directed by the Investigating Officer.

                 III) The applicant shall not tamper with the prosecution evidence
                     and/or give threat or inducement to the first informant and any
                     of the persons acquainted with the facts of the case.

                 IV) Stand over to 29th January, 2024.”

         4.          Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State,

         on instructions from the Investigating Officer, states that the Applicant has

         appeared before the Investigating Officer and has co-operated with the

         investigation in Crime No.339 of 2023. She submits that the investigation

         in Crime No.339 of 2023 is complete and the charge-sheet has been filed.

         In view of the same, she submits that the custodial interrogation of the

         Applicant is not required.




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                                                               33-ABA-3435-2023 (CR).DOC


         5.          Considering the aforesaid statements made by Dr. Ashvini A.

         Takalkar, learned A.P.P. for Respondent – State, the Applicant being granted

         interim protection by order dated 11th December 2023, and further, the

         Applicant not having breached the liberty granted and having co-operated

         with the investigation, notwithstanding the absence of the Advocate for the

         Applicant, the order dated 11th December 2023 is hereby confirmed and

         made absolute in terms of paragraph Nos. 7(I) and (III) thereof.


         6.          Anticipatory Bail Application No.3435 of 2023 is disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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