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Bombay High Court

NITIN RANGRAO MANEversusSTATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court confirmed the earlier anticipatory bail order and made it absolute as the applicant complied with the conditions and did not violate any terms.

Summary

The High Court considered an anticipatory bail application filed by Nitin Rangrao Mane in connection with Crime No. 556 of 2023, alleged to involve cheating under Section 420 read with Section 34 of the Indian Penal Code. The applicant claimed he was not the purchaser of grapes and offered to deposit Rs.2,00,000 as a condition of bail. The trial court had earlier granted conditional anticipatory bail, requiring a deposit, a personal bond, and compliance with investigation requirements. After the charge‑sheet was filed, the applicant cooperated with the investigation, deposited the amount, and did not breach any bail conditions. The appellate court therefore confirmed the earlier order and made the anticipatory bail absolute, disposing of the application.

Issues considered

  • Whether the applicant is entitled to anticipatory bail despite allegations of cheating under IPC §§420 and 34.
  • Whether the conditions imposed by the trial court are sufficient to protect the interests of justice.
  • Whether the applicant’s conduct after the grant of bail warrants revocation of the bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • IPC 420
  • IPC 34
  • fraud
  • criminal procedure
  • Maharashtra

Judgment

                                                                                   34 - ABA - 3448 - 2023.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION

VAIBHAV
                           CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3448 OF 2023
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.10.06
10:37:23 +0530
                      Nitin Rangrao Mane                                    … Applicant
                                   Versus.
                      The State of Maharashtra                              … Respondent

                                                         -----
                      Mr. Samay Pawar (through V.C.) with Mr. Vaibhav Halake
                      for the Applicant.
                      Mr. Shriram Chaudhari, APP for the State.
                      Mr. R. M. Kendre, PSI, is present.

                                                        -------
                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : OCTOBER 5, 2026
                      P.C.:


                      1.      Heard Mr. Samay Pawar, learned Advocate for the Applicant and

                      Mr. Shriram Chaudhari, learned APP for the State.


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


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

                                   2.     This is an application for pre-arrest bail in connection with CR
                                   No.556 of 2023, registered with Tasgaon Police Station, Sangli, for an
                                   offence punishable under Section 420 read with Section 34 of Indian
                                   Penal Code, 1860 (“the Penal Code”).

                                   3.       The applicant in furtherance of common intention with co-
                                   accused Rahul Kole had induced the first informant, who is a farmer,
                                   to sell the grapes by making promise of payment. The first informant
                                   was induced to part with grapes worth Rs.5,14,574/-. The applicant
                                   had allegedly paid a sum of Rs.50,000/- initially and, later on,




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                                                        34 - ABA - 3448 - 2023.doc


      Rs.10,000/-. Cheques drawn by co-accused towards payment of the
      unpaid price of the grapes were allegedly dishonoured on
      presentment. It further transpired that the applicant and co-accused
      had deceived other farmers as well. Hence, the report.

      4.     The learned Counsel for the applicant submitted that the
      applicant was not the person who had purchased the grapes as the
      applicant was not dealing in the said business. It was co-accused
      Rahul Kole, who had purchased the grapes, and has been prosecuted
      by the rest of the farmers. Nonetheless to show the bona fides, the
      applicant is willing to deposit a sum of Rs.2,00,000/- without
      prejudice to his rights and contentions.

      5.     Prima facie it appears that the applicant had initially paid a
      sum of Rs.50,000/- to the first informant. That would give rise to the
      question as to whether the intention, even if it assumed that the
      applicant was the purchaser, was dishonest since the inception of the
      transaction. As it is alleged that the applicant has deceived other
      farmers as well, investigation is warranted.

      6.     However, till the application is decided after providing an
      opportunity to the prosecution, in view of the statement made on
      behalf of the applicant that the applicant is willing to deposit a sum of
      Rs.2,00,000/-, the personal liberty of the applicant can be protected.

      7.     Hence the following order:

                                   :ORDER:

      (i)     As undertaken, the applicant shall deposit a sum of
      Rs.2,00,000/- in the Court of the learned Judicial Magistrate, First
      Class, Tasgaon, on or before 26th December, 2023, without prejudice to
      his rights and contentions.

      (ii)    In the event of arrest of the applicant in CR No.556 of 2023,
      registered with Tasgaon Police Station, Sangli, the applicant be
      released on bail on furnishing a PR Bond in the sum of Rs.30,000/-
      with one or two sureties in the like amount.

      (iii)  The applicant shall cooperate with the investigation and attend
      Tasgaon Police Station on 18th and 19th December, 2023 in between
      10.00 am. to 1.00 pm.

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

      Stand over to 23rd January, 2024.”




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                                                       34 - ABA - 3448 - 2023.doc


3.       Mr. Samay Pawar, learned Advocate for the Applicant, states that

the Applicant has appeared before          the Investigating Officer and

cooperated with the investigation in Crime No.556 of 2023. He states

that upon completion of the investigation, the charge-sheet has been

filed.


4.       Mr. Samay Pawar, learned Advocate for the Applicant, states that

the Applicant, though having received an amount of Rs.60,000/- in

Crime No.556 of 2023, has deposited an amount of Rs.2 Lakhs before

the Trial Court.


5.       Mr. Shriram Chaudhari, learned APP for the State, on instructions

from the concerned Police Officer, submits that the Applicant had

appeared before the Investigation Officer and the charge-sheet has been

filed in respect of Applicant-Accused No.1 (Nitin Rangrao Mane). He

submits that the other accused is absconding.


6.       In view of the statements made by Mr. Samay Pawar, learned

Advocate for the Applicant and Mr. Shriram Chaudhari, learned APP for

the State, further, the Applicant being on interim bail since 11 th

December 2023, with no allegations of the Applicant having violated

any of the bail conditions, this Application is allowed by confirming the

order dated 11th December 2023 and making it absolute in terms of

paragraph 7(i), (ii) and (iv).




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7.    Anticipatory Bail Application No.3448 of 2023 is disposed of.




                                          (ASHWIN D. BHOBE, J.)




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