Bombay High Court
PRAVIN MAYARAM PATILversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
Holding
The court held that the applicant had not made out a case for bail and therefore rejected the bail application.
Summary
The applicant, Pravin, was arrested in connection with a large-scale insurance fraud that allegedly involved fabricating the accidental death of Rajendra Jadhav to obtain about ₹1.17 crore from several insurers. The prosecution claims Pravin was the mastermind who coordinated false police, medical and banking documents, and used a vehicle to create a fictitious accident narrative. Although he was not named in the original FIR, the charge‑sheet attributes to him a central role in the conspiracy. The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, arguing lack of direct evidence of receipt of insurance proceeds and that the investigation was complete. The court examined the gravity of the alleged fraud, the prima facie material linking the applicant to the scheme, the risk of interference with witnesses, and the fact that the investigation was still ongoing, and concluded that the applicant had not shown sufficient grounds for bail. Consequently, the bail application was rejected and the related criminal application was disposed of.
Issues considered
- The appropriateness of granting bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged conspiracy and prima facie evidence.
- Whether the applicant’s absence from the original FIR precludes bail.
- The effect of the earlier Crime No.86 of 2025 and its investigation on the present bail application.
- The risk of the applicant tampering with witnesses or obstructing the ongoing investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 198, 199, 201, 212, 228, 229(2), 233, 234, 238, 240, 256, 257, 318(2), 318(4), 336(2), 336(3), 338, 340(2), 341(1), 61(2)
Subjects
- insurance fraud
- conspiracy
- bail
- false claim
- fabricated documents
- public officials
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
2026:BHC-AUG:38764
BA-1287-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1287 OF 2026
WITH
CRIMINAL APPLICATION NO.3300 OF 2026
IN BA/1287/2026
Pravin S/o. Mayaram Patil … Applicant
(Accused No.3)
Versus
The State of Maharashtra … Respondent
…..
Mr. B. R.Warma, Advocate for Applicant
Mr. V. K. Kotecha, APP for Respondent – State.
Mr. Swapnil S. Rathi, Advocate for Applicant in Criminal
Application No. 3300 of 2026
…..
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 25th AUGUST, 2026
ORDER :-
1. The applicant seeks his release on regular bail under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in
connection with Crime No.53 of 2026 registered with Mehunbare
Police Station, District Jalgaon, for the offences punishable under
Sections 318(4), 318(2), 336(2), 338, 336(3), 341(1), 340(2),
61(2), 229(2), 212, 198, 199, 233, 234, 228, 240, 256, 257, 201
and 238 of the Bharatiya Nyaya Sanhita, 2023.
2. The applicant was arrested on 8th March, 2026. The
charge-sheet was filed on 4th May, 2026. Certain reports are
stated to be awaited and further investigation in relation to the
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claims submitted to other insurance companies are continuing.
3. The prosecution case, stated briefly, is that Rajendra
Shalindar Jadhav had died on 23rd February, 2024 due to illness.
Despite his death, several insurance policies were allegedly
procured in his name. Thereafter, his death was projected as
having occurred in a motor vehicle accident on 19 th April, 2025.
For that purpose, a false narrative of an accident involving a
motorcycle and a Mahindra Thar vehicle was allegedly created.
Crime No.86 of 2025 was registered based on that narrative and
police, hospital records, inquest, post-mortem and other
documents were allegedly fabricated or caused to be fabricated by
the accused persons.
4. On the strength of those documents, accidental death
claims were allegedly submitted to several insurance companies.
The claim submitted to Shriram General Insurance Company,
whose officer is the first informant in the present crime, was
detected during verification and no amount was disbursed by
that company. The prosecution, however, submits that other
insurance companies had already disbursed substantial amounts
aggregating to approximately ₹1.17 crore and that those
amounts were credited to the account of the widow, Aruna
Rajendra Jadhav.
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5. Learned counsel for the applicant submitted that the
applicant is not named in the original FIR. The investigation is
complete and the chargesheet has been filed. It was submitted
that no part of the insurance amount has been credited to the
applicant’s bank account and no witness states from personal
knowledge that the applicant received or shared the insurance
proceeds. According to the learned counsel, the description of the
applicant as the mastermind is merely the conclusion of the
investigating officer and is not supported by any direct evidence.
6. It was further submitted that Crime No.86 of 2025
concerning the alleged accident had already been investigated
and a chargesheet was filed against the driver of the vehicle. The
legality of registration of the present FIR was questioned by
relying upon the principles governing registration of a second
FIR. It was argued that the prosecution could, at the highest,
have undertaken further investigation in the earlier crime. The
applicant has been in custody since 8th March, 2026, the relevant
documents and his mobile phone have been seized, and no useful
purpose would be served by his further detention.
7. Learned APP opposed the application. It was submitted
that the present applicant is not implicated merely because his
name surfaced during interrogation. The charge-sheet attributes
to him the principal role in conceiving and facilitating the alleged
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scheme. He is alleged to have acted in concert with the widow and
the other accused in suppressing the actual date and cause of
death of Rajendra Jadhav, arranging the false accident narrative,
facilitating preparation of false police and medical documents
and using those documents for lodging claims before several
insurance companies.
8. Learned APP further submitted that the vehicle
projected in the alleged accident, the applicant’s mobile phone,
insurance records, bank-account material, claim documents and
other official records form part of the chargesheet. The
investigation has disclosed claims before several insurers and
further verification by those insurance companies is continuing.
Considering the magnitude and organised nature of the alleged
fraud and the involvement of police and medical personnel,
release of the applicant at this stage may prejudice further
investigation and expose the prosecution witnesses to influence.
9. I have considered the rival submissions and perused the
FIR, supplementary statement, police report, the documents
referred to during the hearing and the chargesheet. At this stage,
the Court is not expected to undertake a meticulous evaluation of
the evidence or record any finding which may affect the trial. At
the same time, the Court is required to consider the nature and
gravity of the accusation, the role attributed to the applicant, the
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material supporting that role, the severity of the punishment, the
possibility of interference with the investigation or witnesses, the
applicant’s antecedents and the period of custody.
10. The mere fact that the applicant was not named in the
original FIR is not decisive. The FIR was lodged after the claim
submitted to Shriram General Insurance Company was subjected
to verification. The alleged involvement of the applicant and the
other accused was thereafter unearthed during investigation. In
a conspiracy which is alleged to have been executed through a
series of police, hospital, banking and insurance documents, the
role of every participant need not necessarily be known to the
first informant on the date of registration of the crime.
11. The prosecution has described the applicant as the
principal architect of the scheme. That description, by itself,
would not be sufficient to refuse bail. However, the accusation
against him is not confined to that description. The material
collected during investigation prima facie attributes to him
participation in suppressing the actual death of Rajendra Jadhav,
arranging the subsequent story of accidental death, facilitating
the use of the Thar vehicle for creating that narrative, procuring
or facilitating the creation of the supporting documents and
using those documents for lodging claims before several
insurance companies.
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12. The chargesheet also refers to insurance policies
allegedly procured after the actual death of Rajendra Jadhav,
claims submitted to different insurers, substantial credits in the
bank account of the widow and the subsequent movement of the
amounts so credited. The mobile phone and the vehicle connected
with the alleged transaction have also been seized. These
circumstances must be considered cumulatively. At this stage,
they provide prima facie support to the prosecution allegation
that the applicant’s role was wider than that of a person
incidentally associated with an individual document.
13. It is true that the prosecution has not presently shown a
direct bank transfer of the insurance proceeds into the
applicant’s account. No conclusion regarding receipt or sharing of
the amount by him can therefore be recorded. However, the
absence of a direct transfer to the applicant does not, at the stage
of considering bail, by itself efface the allegation that he
conceived, facilitated or coordinated the fraudulent claims. A
conspiracy of the nature alleged is ordinarily required to be
inferred from the series of acts, the conduct of the participants
and the documentary and electronic circumstances.
14. The contention founded upon the earlier Crime No.86 of
2025 also does not persuade this Court to grant bail. The earlier
crime proceeded on the footing that a genuine motor accident had
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occurred. The present crime alleges that the earlier FIR,
investigation and chargesheet themselves formed part of a wider
conspiracy to fabricate an accidental death and cheat several
insurance companies. The record further indicates that a report
dated 1st August, 2026 has been submitted in the earlier
proceeding stating that the accident case was found to be false
and seeking appropriate action before the Magistrate.
15. The legality and maintainability of the present FIR may
be examined in appropriate proceedings if challenged. It would
not be proper, while considering regular bail, to pronounce finally
upon that issue. Prima facie, however, the present crime
concerns a subsequently discovered and wider conspiracy
involving several accused, multiple allegedly fabricated official
records and claims before different insurers. The objection
concerning the second FIR does not, at this stage, displace the
substantive material collected against the applicant.
16. The allegation is not of a simple or isolated act of
cheating. The prosecution alleges a premeditated scheme in
which the actual death of a person was concealed, a subsequent
accidental death was projected, official police and medical
records were brought into existence, and the resulting
documents were used to obtain substantial amounts from
insurance companies. The alleged use of public officials and
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official records imparts greater gravity to the accusation, since
such acts, if ultimately established, undermine confidence both in
public documentation and in the insurance-claim process.
17. Filing of the chargesheet is undoubtedly a relevant
circumstance. However, it does not create an indefeasible right to
bail. The chargesheet contains a large number of documents and
witnesses. Verification of the claims and the financial trail
involving other insurers is continuing and certain reports are
awaited. The witnesses include insurance officials, public
servants and persons connected with the creation and processing
of the disputed records. Having regard to the central
coordinating role attributed to the applicant, the apprehension of
his influencing witnesses or obstructing the remaining
investigation cannot, at this stage, be regarded as merely
speculative.
18. The applicant has been in custody from 8 th March, 2026.
The period of custody, though relevant, is presently not so
prolonged as to outweigh the gravity of the accusation, the
magnitude of the alleged fraud, the punishment prescribed for
the principal offences and the prima facie material indicating the
applicant’s central role. The withdrawal of the applications filed
by the other accused also does not furnish any ground of parity
in favour of the applicant.
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19. On an overall consideration of the nature of the
accusation, the role specifically attributed to the applicant, the
documentary, financial and electronic material referred to in the
charge-sheet, the amount involved, the participation of several
persons including public officials, and the further investigation,
which is still in progress, this Court is not satisfied that the
applicant has made out a case for release on bail at this stage.
20. It is clarified that the observations made in this order are
confined to the consideration of the present bail application and
are prima facie in nature. The trial Court shall decide the
proceedings on the evidence placed before it without being
influenced by these observations. Hence, the following order.
ORDER
(i) Bail Application No.1287 of 2026 is rejected.
(ii) The application stands disposed of accordingly.
(iii) In view of disposal of Bail Application itself, Criminal
Application No.3300 of 2026 is also disposed of.
( HITEN S. VENEGAVKAR, J.)
Tandale
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