Bombay High Court
PRAVIN PRAKASH BHOSALEversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The Court granted anticipatory bail to the applicant with stringent conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The applicant, Pravin Prakash Bhosale, sought anticipatory bail in connection with a FIR alleging fraud and criminal conspiracy under Sections 406, 409, 417, 420 and 120‑B read with Section 34 of the IPC. The prosecution alleged that Bhosale, as Chairman of Sharanya Urban Multipurpose Nidhi Bank, induced a businessman to part with money for a loan that was never sanctioned, resulting in a loss of over Rs.50 lakh. The applicant contended that he was falsely implicated, had no managerial role in the bank, suffered serious medical ailments, and had complied with interim protection conditions while cooperating with the investigation. The State and the intervenor argued that granting bail would enable the applicant to tamper with witnesses and evidence. The Court, after noting the applicant’s medical condition, cooperation, lack of proven antecedents, and the possibility of imposing strict conditions, exercised its discretion under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and allowed the anticipatory bail with detailed safeguards. The order confirmed the earlier interim protection and imposed conditions including regular police reporting, a monetary deposit, and a prohibition on influencing witnesses.
Issues considered
- Whether anticipatory bail should be granted to the accused despite serious fraud allegations.
- Whether the applicant’s medical condition and cooperation with investigation justify bail.
- Whether the risk of witness tampering or evidence interference warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 120-B, 34, 406, 409, 417, 420
Subjects
- anticipatory bail
- criminal conspiracy
- fraud
- IPC sections 406 409 417 420 120-B 34
- medical condition
- bail conditions
- witness tampering
- investigation
Judgment
9 ABA NO. 892 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 892 OF 2025
Pravin Prakash Bhosale
VERSUS
State Of Maharashtra And Another
…
• Mr. Pravin Mengane, Advocate a/w. Mr. Mohan Chhagan
Kumbhar, Advocate for the Applicant
• Mr. A. S. Salgaonkar, APP for Respondent No. 1 – State
• Mr. Ramnik Pawar, a/w. Mr. Parrej Nadaf, Advocates for
Intervenor/Complainant
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 25.06.2026
PER COURT :
1. Heard learned counsel for the applicant, the learned APP for
the respondent - State as also learned counsel for Intervenor /
Complainant.
2. The applicant has approached this Court apprehending arrest
in connection with C.R. No.362 of 2024 dated 18.06.2024 registered
with Vadgaon Police Station, District Kolhapur, for the offences
punishable under Sections 406, 409, 417, 420 and 120-B read with
Section 34 of the Indian Penal Code, 1860.
3. The prosecution case, in brief, is that the first informant, who
has been running a power-loom business at village Kondigre since
2015, suffered financial losses during the COVID-19 pandemic and
was in search of financial assistance. He came into contact with
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accused Mahesh Rampure, who allegedly assured him that a loan of
Rs.1 crore would be arranged through Sharanya Urban Multipurpose
Nidhi Bank Ltd., Wathar Turf Vadgaon. Acting on such assurance, the
informant allegedly paid Rs.1,00,000/- towards processing charges
and Rs.4,000/- for opening a savings account. Thereafter, the accused
induced him to complete various formalities including execution of
documents and purchase of stamp papers on the assurance that the
loan would be sanctioned. Though the accused subsequently issued a
share certificate and passbook and represented that the loan amount
would shortly be disbursed, no loan was ever sanctioned. Alleging
that he had been dishonestly induced to part with money on false
representations, the informant lodged the present FIR.
4. Learned counsel for the applicant submits that the applicant
has been falsely implicated. It is submitted that eleven co-accused
have already been granted bail. According to him, the applicant was
not concerned with the day-to-day affairs of Sharanya Urban
Multipurpose Nidhi Bank Ltd., Wathar Turf Vadgaon and did not hold
any responsible post in the management of the bank. It is further
submitted that the applicant's wife is suffering from serious ailments
and the applicant himself has also been undergoing medical
treatment. This Court had granted interim protection to the applicant
by order dated 08.04.2025, which was subsequently continued by
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9 ABA NO. 892 OF 2025
order dated 05.02.2026. During the subsistence of the interim
protection, the applicant has complied with all the conditions
imposed by this Court and has cooperated with the investigation. It is
further submitted that the applicant, without prejudice to his rights
and contentions, is willing to deposit a sum of Rs.1,50,000/- before
the Trial Court to demonstrate his bona fides. The applicant has no
established criminal antecedents and is ready to abide by any
conditions that may be imposed. Hence, he prays that the application
be allowed.
5. Per contra, the learned APP, supported by the learned counsel
for the intervenor, strongly opposes the application. It is submitted
that the applicant is the main accused and was the Chairman of
Sharanya Urban Multipurpose Nidhi Bank Ltd., Wathar Turf Vadgaon.
It is further submitted that the applicant, along with accused No.1 –
Pradnya Pravin Bhosale and the other accused, entered into a
criminal conspiracy and actively participated in the fraudulent
transactions. According to the prosecution, the amount involved
exceeds Rs.50 lakhs and no effective recovery has yet been effected.
Therefore, custodial interrogation of the applicant is necessary for
recovery of the misappropriated amount and for carrying the
investigation to its logical conclusion. It is, therefore, prayed that the
application be rejected.
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6. Learned counsel appearing for the intervenor further submits
that another crime has also been registered against the applicant at
Vadgaon Police Station. It is contended that if the applicant is granted
anticipatory bail, there is every likelihood that he may influence the
witnesses, tamper with the prosecution evidence and thereby
prejudice the investigation.
7. I have carefully considered the rival submissions and perused
the investigation papers made available by the learned APP. I have
also gone through the orders passed by this Court dated 08.04.2025
and 05.02.2026 granting and continuing interim protection to the
applicant, subject to certain conditions, including his attendance
before the concerned police station. The learned APP, on instructions
from the Investigating Officer, fairly submits that the applicant has
complied with the conditions imposed by this Court and has attended
the concerned police station as directed.
8. The medical documents placed on record indicate that the
applicant has undergone serious medical treatment after allegedly
attempting to commit suicide. Considering his medical condition, this
Court had granted interim protection from arrest. During the period
of such protection, the applicant has cooperated with the
investigation and there is nothing on record to indicate that he has
misused the liberty granted to him.
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9. The applicant has also expressed his willingness to deposit a
sum of Rs.1,50,000/- before the Trial Court, without prejudice to his
rights and contentions, to demonstrate his bona fides. Though it is
alleged that the applicant has criminal antecedents, no material has
been placed before this Court to substantiate the said contention.
Considering the nature of allegations, the applicant's cooperation
with the investigation during the period of interim protection, his
medical condition and the fact that the investigation can be
safeguarded by imposing appropriate conditions, I am of the opinion
that this is a fit case to exercise discretion under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
10. Hence, the following order :-
ORDER
i. The Anticipatory Bail Application is allowed.
ii. In the event of arrest of the applicant Pravin Prakash
Bhosale in connection with C.R. No.362 of 2024 dated
18.06.2024 registered with Vadgaon Police Station, District
Kolhapur, for the offences punishable under Sections 406,
409, 417, 420 and 120-B read with Section 34 of the Indian
Penal Code, 1860, he shall be released on bail on furnishing
a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand only)
with one or two solvent sureties in the like amount, to the
satisfaction of the Arresting Officer/Investigating Officer.
iii. The interim order dated 05.02.2026 is confirmed, subject to
the following further conditions:
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A) The applicant shall attend the concerned police station
and report to the Investigating Officer on every
Saturday till framing of the charge, between 12:00
noon and 2:00 p.m.
B) The applicant shall deposit a sum of Rs.1,50,000/-
before the learned Trial Court within a period of three
weeks from today, without prejudice to his rights and
contentions. Failure to deposit the aforesaid amount
within the stipulated period shall entail automatic
vacation of the protection granted by this order.
C) The Applicant shall also cooperate with the
investigation.
D) The applicant shall not directly or indirectly induce,
threaten or promise any prosecution witness and shall
not tamper with the prosecution evidence in any
manner.
E) The applicant shall furnish copies of his Aadhaar Card
and PAN Card, along with his residential address,
mobile number and the particulars of two close
relatives, to the Investigating Officer and shall
intimate any change therein during the pendency of
the proceedings.
11. Needless to state that a single violation of any of the aforesaid
conditions shall entitle the prosecution to seek cancellation of the
anticipatory bail granted herein.
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12. The observations made herein are prima facie in nature and
confined to the adjudication of the present anticipatory bail
application. The Trial Court shall decide the case independently on its
own merits, uninfluenced by any observations made in this order.
13. The Anticipatory Bail Application stands disposed of
accordingly.
( MEHROZ K. PATHAN, J. )
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