Bombay High Court
PRAVIN SHRIDHAR PATILversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court partially granted bail to the accused, allowing release of accused No. 2 and No. 4 in BA 1355/2026 and of accused No. 6 in BA 1391/2026, while postponing consideration of the remaining applications.
Summary
The Bombay High Court considered three bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 181 of 2025 concerning alleged fraudulent appointments of teachers and illegal receipt of salaries. The prosecution argued that certain accused had continued to draw salaries from their previous schools despite new appointment orders, and that some had obtained monetary benefits unlawfully. The court noted that many similarly situated accused had already been granted anticipatory or regular bail, and emphasized the principle of parity. It granted bail to accused No. 2 (Imtiyaz Ahmed Riyaz Ahmed) and No. 4 (Faheem Ahmad Iqbal Ahmad) in BA 1355/2026, and to accused No. 6 (Pravin Shridhar Patil) in BA 1391/2026, imposing standard bail conditions. The applications of accused No. 3, No. 5 and the applicant in BA 1580/2026 were adjourned for further hearing, while BA 1391/2026 was disposed as allowed.
Issues considered
- The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the accused teachers.
- Whether alleged fraudulent appointments and receipt of salaries justify denial of bail.
- Whether parity with other accused already on bail mandates granting bail to the present applicants.
- What conditions, if any, should be imposed on bail in these cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(2), 336(3), 338, 340(2), 61(1)
Subjects
- bail
- education sector fraud
- fraudulent appointment
- parity
- criminal procedure
- conditions of bail
- section 483
Judgment
35A. BA-1355-26 1391-26 & 1580-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1355 OF 2026
Imtiyaz Ahmed Riyaz Ahmed & Ors. .. Applicants
Versus
The State of Maharashtra & Ors. .. Respondents
WITH
BAIL APPLICATION NO. 1391 OF 2026
Pravin Shridhar Patil .. Applicant
Versus
The State of Maharashtra & Ors. .. Respondents
WITH
BAIL APPLICATION NO. 1580 OF 2026
Naeem Akhatar Sageer Ahmad .. Applicant
Versus
The State of Maharashtra & Anr. .. Respondents
....................
Mr. Mihir Desai, Senior Advocate a/w Mr. Javed Patel & Mr. Parth
H. Zaveri i/by Mr. Momin M. Ahmed, Advocates for Applicants in
BA 1355/2026
Mr. Shirish Gupte a/w P.D. Bachate, Mr. Omkar Wable, Mr. Aniket
Nikam & Mr. Padmanabh S. Sangle, Advocates for Applicant in BA
1391/26
Mr. Niranjan Mundargi a/w Ms. Keral Mehta & Mr. Ameyprasad
Atigre, Advocate for Applicant in BA 1580/26
Ms. Mankuwar M. Deshmukh, APP for State
Mr. Sanjeev B. Deore a/w Mr. S. Arman Ansari, Mr. Adita S. Deore
and Mr. Shamshad Ali i/by Ms. Suchita J. Pawar, Advocates for
Respondent No. 3 in BA 1355/26
Mr. Sanjeev B. Deore a/w Ms. Suchita J. Pawar, Mr. Arman Ansari,
Mr. Adita S. Deore and Mr. Shamshad Ali, Advocates for
Respondent No. 2 in BA 1580/26
Mr. Vikas Mourya i/by M.N. Sandhyanshiv, Advocate for
Respondent No. 3 in BA 1391/26
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...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 24, 2026
P. C.:
1. Heard learned Advocates appearing for the respective parties as
shown in the Appearance Memo.
2. These three Bail Applications are filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection
with FIR No. 181 of 2025 registered with Pawarwadi Police Station,
Malegaon, Dist. Nashik for the offences punishable under Sections
61(1), 318(4), 336(2) 338, 336(3) and 340(2) of Bhartiya Nyaya
Sanhita, 2023 (for short "BNS").
3. This group of three Bail Applications is coming from the
education sector. Total number of accused in the present case are 24.
BAIL APPLICATION NO. 1355 OF 2026:-
4. The case of the prosecution as vehemently argued to oppose the
Bail Applications by Ms. Deshmukh, learned APP is to the effect that
Applicants in BA 1355/26 have benefited monetarily despite not
having worked and in that view of the matter, the salary earned by
them has been illegally received by them. The next important
submission which Ms. Deshmukh has argued is that the approval
which has been given to these accused persons has been given with
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retrospective effect. Prosecution would submit that there are two sets
of complaints on the basis of which the Division Bench of this Court
had to give directions for formation of SIT to investigate fraudulent
appointment of teachers. She would submit that the teachers who did
not get appointments have filed witness statements but more than
that previous institutions where these very Applicants worked as
teachers have placed cogent documentary evidence before the
Investigating Officer (IO) which prima facie go to show that
notwithstanding the appointment order in favour of these Applicants
from 01.09.2021 onwards, these very Applicants have even thereafter
continued to work in their previous schools and have received salary
by virtue of those schools being 100% aided schools from the
Government as well as under their new appointment.
5. Ms. Deshmukh in her usual fair mindedness informs the Court
that the aforesaid submissions are qua accused Nos. 3 and 5 i.e.
Aafaque Anjum Ashfaque Ahmad and Shaikh Arif Ibrahim. She would
submit that both joined their new school by virtue of appointment
orders dated 02.09.2021 and 02.08.2019. Prima facie Ms. Deshmukh
has been able to place the material on record which shows that despite
these appointment orders and both these Applicants worked in their
previous school. Ms. Deshmukh has placed the muster roll of their
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previous schools of they having worked after their date of appointment
in the new school.
6. Ms. Deshmukh is directed to file appropriate affidavit with the
above material for consideration and copy of the same shall be given
to Mr. Desai, learned Senior Advocate. She shall place on record the
material to show the signatures of these two accused persons to enable
this Court to consider the submissions of prosecution.
7. Insofar accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and
accused No. 4 - Faheem Ahmad Iqbal Ahmad are concerned, they
stand on different footing altogether. 14 out of 21 accused persons
who are similarly placed teachers and Government Servants who had
secured appointments in the new school have already been granted
anticipatory bail by this Court and further 2 accused persons have
been granted regular bail. Chargesheet has been filed. Investigation is
completed. Accused Nos. 2 and 4 are teachers appointed by virtue of
their new appointment orders but which are deemed or claimed to be
illegal. Hence, their case is not different than those who have been
enlarged on bail and they deserve parity. Their complicity, if any, can
be decided at trial.
8. In view of the above, I am inclined to consider release of
accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and accused No. 4 -
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Faheem Ahmad Iqbal Ahmad on bail on following terms and
conditions:-
9. In view of the above the following order is passed:-
(i) Accused No. 2 - Imtiyaz Ahmed Riyaz Ahmed and
accused No. 4 - Faheem Ahmad Iqbal Ahmad are
directed to be immediately released from prison in
connection with FIR No. 181/2025;
(ii) Applicants are directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- each (Rs. Fifteen
Thousand Each only) with one surety of the like
amount;
(iii) Applicants shall report to the Investigating Officer at
Pawarwadi Police Station, once every three months on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicants shall co-operate with the conduct of trial
and attend the Trial Court on all dates, unless
specifically exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicants shall not leave the State of Maharashtra
without prior permission of the Trial Court;
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(vi) Applicants shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicants shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicants.
10. Insofar as accused Nos. 3 and 5 are concerned, pursuant to the
affidavit filed by prosecution, the Bail Application shall be heard on
the next date.
BAIL APPLICATION NO. 1391 OF 2026:-
11. Insofar as Bail Application No. 1391 of 2026 is concerned,
Applicant - accused No. 6 - Pravin Shridhar Patil was working as
Education Officer with the State Government / Zilla Parishad.
Indictment and charge against him is that he has granted approval for
appointment of teachers who are arraigned as other accused persons
in the present crime and fraud is claimed to have been committed by
him. Insofar as the present Applicant is concerned, it is prima facie
seen that he has granted approval to Teachers' appointment on the
proposal submitted by the Management / Principals of the Schools on
the basis of scrutiny done by the Deputy Education Officer and the
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Officer Superintendent and other staff members of his office. There is
no precise or specific role attributed to the Education Officer having
granted approval and committed fraud and / or he having received
any returns therefrom and / or he being the beneficiary of any
monies. By order dated 30.09.2025, Deputy Education Officer who
had scrutinized the proposal for appointment of these very teachers is
enlarged on regular bail by learned Trial Court whereas on
13.08.2026, the Office Superintendent who had also scrutinized the
proposal and prepared the same has been released on bail on the
ground of parity by the learned Sessions Judge. In that view of the
matter and in view of the role of the present Applicant i.e. accused No.
6 - Education Officer being no different, I am inclined to allow the
present Application.
12. In view of the above the following order is passed:-
(i) Applicant i.e. accused No. 6 - Pravin Shidhar Patil is
directed to be immediately released from prison in
connection with FIR No. 181/2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Pawarwadi Police Station, once every three months on
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the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicants.
13. Bail Application No. 1391 of 2026 is allowed and disposed.
BAIL APPLICATION NO. 1580 OF 2026:-
14. Insofar as Applicant - Naeem Akhatar Sageer Ahmad is
concerned, Ms. Deshmukh would submit that the said Applicant had
received unnatural benefit of approximately Rs. 46 Lakh by virtue of
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arrears of he having worked in the previous school. Details of the same
shall be placed on affidavit to enable this Court to consider the same.
However, if Court finds that Applicant is really entitled to the said
amount, in that case appropriate orders will be passed on the next
adjourned date.
15. In view of the above, only Bail Application No. 1391 of 2026 is
allowed and disposed. Bail is also granted to two Applicants in Bail
Application No. 1355 of 2026.
16. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
17. Bail Application No. 1355 of 2026 is partly allowed in respect of
accused Nos. 2 and 4 are concerned and for accused Nos. 3 and 5
concerned, said Application along with Bail Application No. 1580 of
2026 is adjourned for further hearing to 7th September, 2026.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.25
20:25:39 +0530
This is the Corrected order as per speaking to the minutes order dated 25.08.2026 9 of 9
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