ANAND RAMCHANDRA PATILversusTHE STATE OF MAHARASHTRA

P.H. JAYANI                                             13 BA1048.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

               BAIL APPLICATION NO. 1048 OF 2026

Anand Ramchandra Patil                               ….Applicant
      V/s.
The State of Maharashtra                             .…Respondent


Mr. Rahul Arote for the Applicant.
Mr. Vinit Kulkarni, APP for the Respondent – State.
Mr. Mayuresh S. Lagu for the informant.
Mr. Suresh Gaikwad, PI, IO, Virar Police Station, present.


                           CORAM:       SHYAM C. CHANDAK, J.
                           DATED :      16th SEPTEMBER, 2026

1.       Heard learned Counsel for the parties. Perused the record.

2.       The applicant seeks his release on bail in Crime.No.
666/2024 registered with Virar Police Station, Mira-Bhayander,
Vasai-Virar for the offence punishable under Sections 420, 465,
467, 468, 471 of the Indian Penal Code, 1860 (“IPC”) and Sections
52, 53 and 54 of The Maharashtra Regional and Town Planning
Act, 1966 (“MRTP Act”) on the Report dated 05.09.2024 filed by
Mr. Shashikant Baban Patil, Incharge Assistant Commssioner,
Vasai Virar Municipal Corporation.

3.       The prosecution case is that, one Pandharinath Gawand and
his family members were the owners of certain premises including
the land on which it was constructed. The premises were old and
the Gawand family had no money to repair it. Therefore, they
decided to develop it with the help of a builder, Hitesh Thakur
(A4). In the year 2016, two meetings were held with A4, one at the
site and one in A4’s office. In the meetings A4 introduced
Pandharinath Gawand with Jagdish Patil (A3), Virendra Patil,

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P.H. JAYANI                                              13 BA1048.2026.DOC



applicant, Jayesh Mhatre, Praful Gawand etc. Further, A4 told
Pandharinath and others present in the meetings that he will
construct a four storey building on that land which would be
comprised of 18 rooms and some galas. A4 also told Pandharinath
that he will construct that building in partnership with him in the
ratio 60:40, but, assured that he will take all the necessary
permissions for lawful construction of the building. Additionally,
A4 told that, on paper, the applicant will be the builder, but, the
rest of the work will be done by him and others. Believing that
statement-cum-assuarance by A4, agreement was entered into
between M/s. Jai Bhawani Enterprises (“M/s. Jai Bhawani”) and
Pandharinath Gawand and his family members. The applicant was
proprietor of M/s. Jai Bhawani.

         In the year 2018, the old structure was demolished and with
regards to aforesaid agreement a new building was constructed.
Six rooms and three galas were retained by Gawand family. Two
galas were kept by A4. However, the said building was
unauthroized/illegal. Therefore, Mr. Shashikant Patil, Incharge
Assistant Commssioner, Vasai Virar Municipal Corporation filed
the Report which led to registration of the said crime. During
investigation, police arrested the applicant and other accused
persons. The trial Court and Sessions Court rejected the bail
application of the applicant. Hence, this Application.

4.       Mr. Arote, learned Advocate for the applicant submitted
that although the applicant was a builder on record, as per the
agreement, majority of the amount was payable to A4 as he was
60% partner of the building constructed. Whatever amount was
received to the applicant from the purchasers of the rooms and
galas, major portion thereof was spent in the construction work.


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P.H. JAYANI                                               13 BA1048.2026.DOC



Co-accused Jagdish Patil is the alleged beneficiary of the crime
and, he has been released on bail. Therefore, he urged to release
the applicant on bail.

5.       Opposing these submissions, Mr. Kulkarni, the learned APP
highlighted that as per the agreement, only applicant had agreed
to construct the said building. Entire money from the purchasers
was received by the applicant which was not the case against the
co-accused Jagdish Patil. The payment receipts on record support
the said fact. However, the applicant did not secure the necessary
permissions from the statutory authorities for the lawful
construction of the said building. Thus, there is a prima facie case
against the applicant of having committed a serious offence which
is sufficient to deny him bail including on the ground of parity.

         As submitted by Mr. Lagu, the learned Counsel for the Vasai
Virar Municipal Corporation, the proposal for regularization of the
said building is rejected. Even otherwise, considering the facts of
the case, the said issue is not a subject matter of this application.

6.       I have considered these submissions. Record indicates that
the development agreement was entered into between the
applicant and Pandharinath Gawand with his family members. As
per the agreement, only applicant had agreed to construct the
building. The applicant did not obtain the necessary permissions
from the statutory authorities for the lawful construction of the
said building. As such, there is a prima facie case against the
applicant as submitted by Mr. Kulkarni, the learned APP.

7.       Nevertheless, the statement of Pandharinath Gawand
indicates that said agreement was executed at the behest of A4 and
he only had agreed to construct the building sharing the

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P.H. JAYANI                                                     13 BA1048.2026.DOC



partnership business with Pandharinath Gawand in the ratio
60:40. Majority of the rooms and galas are kept by Pandharinath
Gawand and his family. Two galas are retained by A4. Although
applicant had allegedly collected the money from the purchasers,
without         spending   considerable      part   of   that   money,   the
construction of the said building was not possible. Therefore, it
may not be the case that the applicant alone has wrongfully gained
huge money out of this crime.

8.       Co-accused Jagdish Patil is released on bail who was allotted
one room in the said building. Today, Pandharinath Gawand is
present before the Court and, he stated that, subsequently, said
room has been sold by Jagdish Patil. Now the investigation is over.
Further detention of the applicant in jail will not serve any
purpose. The offence is triable by the Court of Magistrate. Mr.
Arote submitted that the applicant has no criminal antecedents.
Till date the police have not arrested A4. Nothing is produced on
record to show that efforts are being made to arrest him.

9.       In the wake of above, I am inclined to allow this
applications. Hence, following Order :-

         (i)      The applicant – Anand Ramchandra Patil be released
         on bail in Cr.No.666/2024 registered with Virar Police
         Station, Mira-Bhayander, Vasai-Virar, on his executing a
         P.R. Bond in the sum of Rs.50,000/- with one or two
         sureties in the like amount.

         (ii)     The applicant shall mark his attendance at Virar
         Police Station, Mira-Bhayander, Vasai-Virar on 1 st day of
         each calender month between 11:00 a.m. to 2:00 p.m. till
         conclusion of the trial.


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P.H. JAYANI                                               13 BA1048.2026.DOC



         (iii) The applicant shall regularly attend the proceedings
         before the jurisdictional Court unless exempted by the said
         Court.

         (iv)   The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence upon
         the prosecution witnesses to prevent them from deposing
         against him.

         (v)    On being released from jail, the applicant shall
         furnish his contact number and residential address to the
         Investigating Officer and shall keep him updated, in case
         there is any change.

         (vi)   The applicant shall not indulge in identical activities
         for which he has been arraigned in this case.

         (vii) It is clarified that any observation made in the present
         Order are for the purpose of deciding the present Bail
         Application and should not influence the outcome of the
         trial and also not be taken as an expression of opinion on
         merits of the case.

10.      Bail Application stands disposed of in aforesaid terms.

11.      It is informed that accused Hitesh Thakur (A4) is still
absconding and he is wanted in this crime. Mr. Pandharinath
Gawand stated that A4 has various properties in Virar (West).
However, it appears that, from the date of registration of this
crime, police have not taken serious efforts to arrest him or to
declare him absconding and, attach his property. In this regard, no
satisfactory explanation is offered by the police officer who is
present before the Court toady. One co-accused, who was not


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               P.H. JAYANI                                               13 BA1048.2026.DOC



               arrested in this case, has been recently arrested when this Court
               had asked to explain the reason for not arresting the remaining
               accused persons. Therefore, without commenting further, the
               Commissioner of Police, Mira-Bhayander, Vasai-Virar Police
               Commissionerate is directed to look into the matter and take
               immediate lawful steps against A4 and submit report to this Court
               within two weeks.

               12.      Stand over to 7th October, 2026 ‘for submitting report’.




       Digitally
                                                (SHYAM C. CHANDAK, J.)
       signed by
       PREETI
PREETI HEERO
HEERO JAYANI
JAYANI Date:
       2026.09.19
       14:04:55
       +0530




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