CHANDRAMANI DEORAJ DUBEYversusSTATE OF MAHARASHTRA AND ANR

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL                         ANTICIPATORY BAIL APPLICATION NO.871 OF 2026

                   Chandramani Deoraj Dubey                               ...Applicant
Digitally signed
by VASANT                     V/s.
ANANDRAO
IDHOL              State of Maharashtra & Anr.                            ..Respondents
Date:
2026.10.09
20:16:31 +0530                                   WITH
                                  INTERIM APPLICATION NO.1311 OF 2026
                                                   IN
                              ANTICIPATORY BAIL APPLICATION NO.871 OF 2026

                   Asad Salim Shaikh                                      ...Intervener

                   IN THE MATTER OF:

                   Chandramani Deoraj Dubey                               ...Applicant
                              V/s.
                   State of Maharashtra                                   ...Respondent


                   Mr.Darshan Patankar with Mr.M.P. Mishra, and Mr.R.C. Mishra for
                   the Applicant.

                   Mr.Karan Desai i/b Mr.Naman Rawal for the Intervenor.

                   Mr.Prasanna P. Malshe, APP for the Respondent – State.

                   Mr.Dada Gaikwad, PI, Property Cell, Crime Branch, Mumbai is
                   present in Court.

                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 7th OCTOBER , 2026.
                   P.C. :-

                   1.           Heard learned counsel for the applicant as well as learned

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APP for the respondent-State.

2.            The applicant is apprehending arrest in Crime No.653 of

2025 registered with Kasturba Marg Police Station for the offence

punishable under Sections 3(5), 318(2), 318(4), 319(2), 322, 335,

336(2), 336(3), 337, 338, 340(2), 341(1), 341(2), 341(3) and 341(4)

of Bharatiya Nyaya Sanhita, 2023 (BNS).

3.            The allegations in FIR are that the accused persons named

therein, had cheated the complainant by forging an Irrevocable Power

of   Attorney     document    (No.    4665/2010)    using   counterfeited

government stamps, emblems, and signatures to falsely simulate its

execution at the Borivali Joint Deputy Registrar’s office and generate

fake revenue receipts and thus even deceived the government

authorities

4.            The learned counsel for the applicant submits that although

allegations have been made against the applicant, he has not been

named in the FIR and no role is attributed to him. It is submitted that

the applicant, despite being a Director of M/s. Pooja Land & Premises

Pvt. Ltd., had no role in the alleged transactions, which were executed

entirely by the other directors of the company. Furthermore, the

applicant is not a signatory to any of the documents mentioned in the

FIR. He further submits that five other co-accused have already been

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granted regular bail by the Sessions Court. Notably, the investigation

is complete and the charge-sheet has been filed, wherein the applicant

has not been arraigned as an accused but has been placed under the

category of a ‘non-charge-sheeted person’. Additionally, in accordance

with the interim protection order dated 01.07.2026 passed by this

court, the applicant has fully cooperated with the investigation, having

reported to the concerned police station on 15 separate dates as

required by the Investigating Agency.

5.           Learned APP for the respondent –State and learned counsel

for the intervener submits that the offence is serious in nature and the

custody of the applicant is required for securing all the relevant

documents and thus oppose the application. However, the learned APP

does not dispute the factual position that the applicant has attended the

concerned police station on 15 separate dates and further that the charge-

sheet is filed

6.           Perused the FIR and the documents placed on record. It is

applicant’s contention that all the alleged transactions were executed by the

other directors and it has to be noted that the applicant is not a signatory to

any of the documents mentioned in the FIR. Pertinently, the applicant is a

director of a company which had entered into certain transactions based on

the document of irrevocable power of attorney. The said transaction was



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made by other director. As such, only because this applicant happens to be

director, he cannot be presumed to have intentionally done any transaction.

Furthermore, since the charge-sheet has already been filed and the

applicant has not been arraigned as an accused and in fact, has been placed

under the category of a ‘non-charge-sheeted person’, his custodial

interrogation need not be insisted. Given the fact that he has fully

cooperated with the investigation by attending the police station on 15

separate dates and supplying all demanded documents, as the investigation

relies entirely on documentary evidence, custodial interrogation of the

applicant is not warranted. Hence, the interim protection granted on 1 st

July, 2026 by this Court needs to be confirmed.

7.         Hence, I pass the following order:



                                : ORDER :

              i]   Anticipatory Bail Application is allowed.

             ii]   in the event of arrest of the applicant in

             crime    no.653    of   2025   registered   with

             kasturba marg police station for the offence

             punishable under sections 3(5), 318(2),

             318(4), 319(2), 322, 335, 336(2), 336(3),

             337, 338, 340(2), 341(1), 341(2), 341(3)



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               and 341(4) of bharatiya nyaya sanhita, 2023

               (bns). He be released on bail on furnishing P.

               R. Bond of Rs. 25,000/- (Rupees Twenty Five

               Thousand only) with one solvent surety of

               the like amount.

               iii]   the applicant is directed to attend the

               police station as and when called by the

               investigating agency and produce all the

               relevant documents if demanded by the

               investigating agency.

8.         The Anticipatory Bail Application is allowed and disposed

of.

9.         Interim Application no. 1311/2026, for intervention is also

disposed of.




                                          (PRAFULLA S. KHUBALKAR, J.)




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