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Bombay High Court

NANASAHEB SHANKARRAO GAIKWADversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court granted bail to the applicant subject to stringent conditions.

Summary

Nanasaheb Shankarrao Gaikwad, a 75‑year‑old accused, sought regular bail for offences of cheating and forgery under Sections 420, 465, 467, 468, 471, 120(B), 34 of the IPC, the Registration Act and the Maharashtra Control of Organized Crime Act. The prosecution alleged that he and family members forged a part Occupation Certificate to lease a building to SBI and that the FIR was filed after an unexplained three‑year delay. The applicant argued lack of direct evidence, the delay in investigation, his advanced age, and the right to a speedy trial, while the complainant highlighted his multiple criminal antecedents and risk of re‑offending. The court noted the delay, absence of prima facie evidence linking the applicant to the forgery, and his deep roots in society, and held that bail should be granted with strict conditions. The bail order was issued, and the intervening application for a stay was rejected.

Issues considered

  • The appropriateness of granting bail to an elderly accused incarcerated for over two years for cheating and forgery offences.
  • Whether the three‑year delay in filing the FIR and the lack of direct evidence justify bail.
  • Whether the applicant poses a risk of re‑offending, tampering with witnesses, or absconding.
  • Applicability of Section 21(5) of the Maharashtra Control of Organized Crime Act in this case.
  • The relevance of the applicant's prior criminal antecedents in denying bail.

Legislation cited

Subjects

  • bail
  • cheating
  • forgery
  • occupation certificate
  • MCOC Act
  • right to speedy trial
  • criminal antecedents
  • elderly accused
  • bail conditions

Judgment

                                                              59.BA.1588.2026.doc

Ajay

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                      BAIL APPLICATION NO. 1588 OF 2026

       Nanasaheb Shankarrao Gaikwad                      .. Applicant
             Versus
       State of Maharashtra                              .. Respondent

                                    WITH
                    INTERIM APPLICATION NO. 1787 OF 2026
                                     IN
                      BAIL APPLICATION NO. 1588 OF 2026

       Muktai Ganesh Gaikwad                             .. Intervenor
       IN THE MATTER BETWEEN
       Nanasaheb Shankarrao Gaikwad                      .. Applicant
             Versus
       State of Maharashtra                              .. Respondent

                                 ....................
        Mr. Sudeep Pasbola, Senior Advocate a/w. Mr. Sandeep Salunkhe,
         Advocate for Applicant.
        Mr. Satish Maneshinde, Senior Advocate i/by Mr. Vishwanath Patil,
         Advocate for Complainant.
        Ms. Sangeeta E. Phad, APP for Respondent – State.
        API Dhawatle, Crime Branch, Pune present.
                                   ......…...........

                                  CORAM : MILIND N. JADHAV, J.
                                  DATE         : SEPTEMBER 17, 2026.

       P.C.:

       1.       Heard Mr. Pasbola, learned Senior Advocate for Applicant;

       Mr. Maneshinde, learned Senior Advocate for Complainant and Ms.

       Phad, learned APP for Respondent – State.




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2.        This is an Application seeking regular bail filed by Applicant,

who is 75 years old and who has been incarcerated for the past more

than 2 years in the present crime. The date of arrest of Applicant is

19.08.2021.


3.        Applicant is incarcerated in connection with Crime No.777 of

2023, registered with Chaturshrungi Police Station for the offences

punishable under Sections 420, 465, 467, 468, 471, 120(B), 34 of the

Indian Penal Code, 1860 (for short ‘IPC’); Sections 82 and 83 of

Registration Act and Sections 3(1)(ii) and 3(4) of Maharashtra Control

of Organized Crime Act, 1999 (for short ‘MCOC Act’).


4.        Before I advert to the submissions made by the learned

Senior Advocates at the bar, since this Bail Application has been

vehemently opposed by the Complainant who is the First Informant -

Officer of the Pune Municipal Corporation, certain facts are required to

be put in perspective.


5.        Case of the prosecution is that during the period 15.12.2020

to 30.10.2023, accused persons in the present case who are all family

members of Applicant, Applicant being the patriarch of the family have

in furtherance of their common intention, hatched a conspiracy and

have forged a part Occupation Certificate of the building constructed

over Survey No.127/1A to 1E, Plot No.108, Aundh, Pune, the land

which was owned by Applicant.


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6.        Case of the prosecution stems from the fact that the said

forged Occupation Certificate was used by Applicant and his family

members for leasing the said constructed building to the State Bank of

India and pocketing a handsome security deposit as also lease rentals.

On these allegations, FIR has been lodged. At the outset, it needs to be

noted and stated that Applicant has been incarcerated for the past

more than 6 years in continuity and for more than 2 years in the

present offence.


7.        Mr. Pasbola, learned Senior Advocate for Applicant would

submit that Applicant is admittedly the owner of the land and property

which    was       constructed   upon   through   his   Architect     and

Commencement Certificate was issued thereafter and part Occupation

Certificate of Ground +1 was received by the concerned Architect. He

would submit that Architect thereafter submitted further plans for

construction of floor Nos.2 to 6 for which sanction and Occupation

Certificate has also been issued.


7.1.      He would submit that perusal of the charge-sheet prima facie

shows that there is no direct or indirect evidence attributable to the

role of Applicant in he having procured or fabricated the forged

Occupation Certificate. He would submit that there is an inordinate

delay, rather unexplained delay of more than 3 years in filing the FIR

by Complainant. He would submit that contents as stated in the FIR



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registered on 30.10.2023 are contrary to the Complainant's statement

recorded on 10.04.2025.


7.2.     He would submit that in the FIR, it is stated that on

inspection of the Leave and License Agreement executed with the State

Bank of India, the officer of the Municipal Corporation came to know

about the issue of cheating and forgery but the supplementary

statement of the Complainant recorded on 10.04.2025 proceeds on the

basis that the said complaint had been filed at the behest of one Mukta

Gaikwad, who is the estranged daughter-in-law of Applicant who had

made a complaint to the Pune Municipal Corporation.


7.3.     He would submit that Applicant's son and daughter-in-law

are embroiled in a bitter litigation and within a span of 2 to 3 months

in the year 2021, 12 to 13 complaints/criminal reports have been

registered against Applicant and his family members.


7.4.     On the previous date of hearing, Mr. Pasbola was directed to

place on record the antecedents of Applicant. Today, at the time of

making further submissions, in all fairness, he has placed on record a

chart depicting the details of the 12 antecedents recorded against

Applicant under various provisions of the IPC mostly in Chaturshrungi,

Hinjewadi and Sangvi Police Stations.


7.5.     It is seen that all these reports and complaints are filed in the

year 2021 between June 2021 and August 2021. It is argued by Mr.

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Pasbola that the precursor to filing of these 10 out of the 12 complaints

in a span of 2 to 3 months goes back to the dispute between his son

and his estranged wife which is otherwise going on before the Civil

Courts and incidentally involved the very property for which the

present offence is registered. He would submit that for the offence of

alleged tampering and forgery of Occupation Certificate that has been

levied against Applicant, offences under the MCOC Act could not and

cannot be invoked at all.


7.6.           He would submit that in the list of antecedents, there is an

offence dated 15.12.2020 which is the only case regarding MCOC

offence and there are no other cases whatsoever as far as Applicant is

concerned. Therefore, based on that sole case, offences under the

MCOC Act MCOC could not be invoked at all. He would submit that

Application of the provisions of Section 21(5) cannot be applied to

Applicant's case as on the date of offence, more than one charge-sheet

was not pending in the preceding 10 years against the Applicant. He

would therefore submit that incorrect Application of the provisions of

the MCOC Act has been done in the present case.


7.7.           In support of his submissions, he would refer to and rely

upon the decisions of the Supreme Court in the cases of State of

Maharashtra Vs. Bharat Shantilal Shah and Ors. 1 and Mahipal Singh


1   (2008) 13 SCC 5



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Vs. Central Bureau of Investigation and Anr.2. He would draw my

attention to paragraph Nos.62 and 63 of the decision in the case of

Bharat Shantilal Shah and Ors. (supra) with regard to his submission

about there being more than one charge-sheet against Applicant

pending in the preceding 10 years which is not the case.


7.8.         He would next submit that Applicant being 75 years old this

Court should consider the entire total length of Applicant's

incarceration in prison for a period of over 6 years in continuity as long

incarceration and release Applicant on bail.


8.           PER CONTRA, Mr. Maneshinde, learned Senior Advocate

appearing for the First Informant/Complainant which is the Pune

Municipal Corporation would at the outset draw my attention to the

Affidavit-in-Reply dated 01.09.2025 filed by the First Informant

appended at page No.919 and make the following submissions:-


8.1.         He would submit that Applicant’s case should not be

considered on the ground of long incarceration at all in view of

Applicant having been involved in many offences and therefore no

ground whatsoever can be countenanced for release of Applicant on

bail. He would submit that two years period of Applicant cannot be

considered as long incarceration as Applicant is involved in serious

offences committed under MCOC Act.


2    (2014) 11 SCC 282

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8.2.      He would submit that Applicant is involved in serious cases

of land grabbing which is his primary business in Pune and therefore

looking at his antecedents, this Court should not be lenient at all in

enlarging Applicant on bail, since there is every likelihood that he will

re-offend himself, influence and tamper with witnesses as also

evidence for his own benefit considering his prowess.


8.3.      He would vehemently submit that long incarceration can be

considered only if the trial is delayed and on this ground it is the

Applicant who is responsible for the delay of his trial. He would submit

that Applicant has repeatedly filed Applications before the Trial Court

and the latest Application is for seeking discharge. He would submit

that before the Trial Court, present case is kept for framing of charge

and the Applicant should co-operate with the Trial Court rather than

seeking adjournments on one pretext or the other. He would seek to

refer to and rely upon the Roznama with regard to his submission of

the Applicant delaying the trial.


8.4.      Next, he would submit that the offence of 471 IPC is

punishable with life imprisonment since Applicant is guilty of cheating

a public body of the subject property in question and therefore he

cannot seek bail nor be entitled to bail in such cases. Next, he would

draw my attention to paragraph No.11 of the Bail Application

contending that Applicant has come to the Court with unclean hands



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by suppressing his antecedents and therefore on this ground alone

Applicant should be denied bail. He would also refer to and rely upon

paragraph No.9 in the Affidavit-in-Reply filed by the First Informant as

also paragraph No.16 of Affidavit-in-Reply filed by the prosecution

which are appended to the Application which prima facie show that

Applicant has serious antecedents.


8.5.      On merits, he would draw my attention to the statement of

an independent witness, namely an estate agent which has been

recorded by the prosecution, copy of which is appended at page

No.362 of the Application to contend that the modus operandi

followed by Applicant was such that he has cheated a public body like

the Municipal Corporation by forging the part Occupation Certificate

itself and thereby having used it for generating money when the

Corporation had not issued the same.


8.6.      Mr. Maneshinde, however in his usual fair-mindedness

informed the Court that subsequently the full Occupation Certificate

has been duly issued by the Municipal Corporation for the very same

building. However, he would submit that even though this fact may

otherwise enure to the benefit of Applicant's case, but the fact that

Applicant had tampered with and forged a part of the Occupation

Certificate granted by the Municipal Corporation previously cannot be

wished away and Applicant cannot be exonerated and pardoned for



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such an act of cheating and forgery.


8.7.        He would vehemently harp upon the fact that when

Applicant approached this Court by way of Bail Application, he is

required to make true disclosure of his antecedents and he not having

made and paragraph No.11 having been kept blank itself shows the

demeanor of the Applicant of approaching the Court with unclean

hands and attempting to suppress his antecedents. He would submit

that an argument is also advanced by Applicant for seeking bail on

medical grounds in view of his old age and infirmity of Applicant.

However, he would submit that the only material available on record is

a medical report which is a prisoner's medical report which was issued

six months before and if at all this Court is inclined to even consider

this request made by Applicant's Advocate to grant bail on medical

grounds, then in that case, a prisoner's medical report to ascertain his

current health status in jail is required to be called for by the Court for

consideration before determining this Application.


8.8.        Finally, while relying upon the decisions of the Supreme

Court and the Delhi High Court in the case of Jayshree Kanabar Vs.

State of Maharashtra and Ors.3 and Sameer Mahandru Vs. Directorate

of Enforcement 4 he would submit that the twin conditions with regard

to satisfaction of the Court that Applicant has not committed the crime


3   (2025) 2 SCC 797
4   2023 SCC OnLine Del. 6680

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and that the Applicant will not re-offend himself and present himself

for trial are required to be satisfied in the present case. He would

submit that these twin conditions are such that looking at the

background of Applicant, there is every likelihood that he is bound to

re-offend himself and revisit the offences in question.


8.9.      On the basis of the aforesaid submissions, he would persuade

the Court to reject the Bail Application of Applicant.


9.        Ms. Phad, learned Prosecutor for the State has adopted the

submissions made by Mr. Maneshinde and in addition thereto would

draw my attention to the decision in the case of Bharat Shantilal Shah

and Ors. (supra) referred to by Applicant. She would submit that

considering the criminal antecedents of Applicant, the twin conditions

are not only required to be satisfied by him, but the applicability of

Section 21(4) is clearly made out on the basis of the gravity of the

offence as Applicant is an economic offender and he is indicted in

serious offences. She would also therefore persuade the Court to reject

the Bail Application of Applicant.


10.       I have considered the submissions made by the learned

Senior Advocates for the respective parties and the submissions have

received due consideration.


11.       At the outset, I need to clarify that this is a Bail Application

and not adjudication of the criminal liability of the Applicant before

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me. Applicant is 75 years old. He is indicted for offences of cheating

and forgery. First Informant is the Municipal Corporation. Charge is

that part Occupation Certificate is forged by the Applicant and on the

basis of this forged Occupation Certificate, Applicant executed a Leave

and License Agreement with the prospective licensee. To levy such a

charge of Applicant having forged the part Occupation Certificate,

there has to be direct evidence or at least some indirect evidence of his

participation that undoubtedly can be determined at trial since the

burden on proof would initially lie on the prosecution. Prima facie,

there is unexplained delay of more than 3 years in filing the FIR and

there is a dichotomy observed in the contents of the FIR registered on

30.10.2023 and the supplementary statement dated 10.04.2025.

Insofar as cheating is concerned, that also would be a matter of trial

because the role of the Applicant would have to be attributed and

proved by the prosecution. More than 2 years have passed and there is

no sign of commencement of trial. The vehemence with which the

learned Senior Advocate for the Complaint – Corporation has argued

the present matter in a dictatorial fashion is not understood by the

Court neither it is appreciated by the Court. He has constantly and

repeatedly harped upon the antecedents of Applicant to argue that bail

should be rejected. This Court is not oblivious to the reason for such

hostility and vehemence shown by the Municipal Corporation. It is the

very same Municipal Corporation who has subsequently issued a Full

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Occupation Certificate with respect to the same building for which the

present complaint qua a forged Occupation Certificate has been filed.

Such double standards of the Corporation cannot be kept under wraps

especially in the facts and circumstances of the Applicant’s case before

me.


12.       There is a long running feud between the Applicant and his

son on one side and his daughter-in-law on the other side. She has

filed an Interim Application No.1787 of 2026 in this Bail Application

itself to oppose the bail but has consciously chosen not to appear.

Therefore the vehemence of the Corporation who is the First Informant

is quite understandable. This Court cannot be shaken by superfluous

arguments advanced by the learned Senior Advocate for the

Corporation. The job of the Advocates at the bar is to argue their cases

in such applications and leave the decision at the discretion of the

Court. The Court cannot be dictated as to what should be the final

outcome and order at the time of making submissions which is

attempted to be done by the learned Senior Advocate for the

Corporation.


13.       Insofar as the preset case is concerned, I am not at all in

agreement with the submissions made by the learned Senior Advocate

for the First Informant – Complainant for more than one reason. All

that I have to be convinced with is whether the Applicant who has



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been incarcerated for more than 2 years will stand to trial and there is

a reasonable ground for believing that he is not guilty of the offence.

The part Occupation Certificate is not a document which can be

procured by a party across the counter. The Architect of the Developer

is the intermediary for procuring the same, the question as to who is at

fault, who procured it, how it was procured will be answered at trial.

Insofar as the issue of re-offending is concerned, Applicant can be put

to stringent conditions while on bail and if he commits any infraction

of the bail conditions the prosecution can always approach the Court

for appropriate orders. The question of expeditious disposal of trials

comes to the fore. It is a well settled principle of our criminal law

jurisprudence that "bail is the rule and jail is the exception".


14.           At this juncture, I deem it appropriate to list certain

observations of the Supreme Court shedding light on concerns

underlying the “Right to speedy trial” from the point of view of an

accused in custody whose liberty is affected. The Supreme Court has

held that right to speedy trial flowing from Article 21 encompasses all

stages of trial which are inclusive of investigation and there is no

reason for courts to take a restricted view. In the case of Abdul Rehman

Antulay & Ors. Vs R.S. Nayak & Anr.5 the Supreme Court held as

under:-



5   1992 (1) SCC 225


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          “86. In view of the above discussion, the following propositions
          emerge, meant to serve as guidelines. We must forewarn that
          these propositions are not exhaustive. It is difficult to foresee all
          situations. Nor is it possible to lay down any hard and fast rules.
          These propositions are:
          (1) Fair, just and reasonable procedure implicit in Article 21 of
          the Constitution creates a right in the accused to be tried
          speedily. Right to speedy trial is the right of the accused. The
          fact that a speedy trial is also in public interest or that it serves
          the societal interest also, does not make it any-the-less the right
          of the accused. It is in the interest of all concerned that the guilt
          or innocence of the accused is determined as quickly as possible
          in the circumstances.
          (2) Right to Speedy Trial flowing from Article 21 encompasses
          all the stages, namely the stage of investigation, inquiry, trial,
          appeal, revision and retrial. That is how, this Court has
          understood this right and there is no reason to take a restricted
          view.
          (3) The concerns underlying the Right to speedy trial from the
          point of view of the accused are:
          (a) the period of remand and pre-conviction detention should be
          as short as possible. In other words, the accused should not be
          subjected to unnecessary or unduly long incarceration prior to
          his conviction;
          (b) the worry, anxiety, expense and disturbance to his vocation
          and peace, resulting from an unduly prolonged investigation,
          inquiry or trial should be minimal; and
          (c) undue delay may well result in impairment of the ability of
          the accused to defend himself, whether on account of death,
          disappearance or non-availability of witnesses or otherwise.
          (4) – (11) -------x-------”                (emphasis supplied)



15.       In the present case, charge-sheet has already been filed for

the offences charged. No further custody or custodial interrogation is

required. It is prima facie seen that 10 out of the 12 offenses registered

against the Applicant are within a span of 2 – 3 months in the year

2021, the present is one more such offence which though occurred in

2020 was registered after a hiatus of 3 and half years in 2023. I am of

the opinion that issues between parties should not lead the parties to


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use criminal proceedings to settle scores.


16.       Restricting myself to the offence in question of cheating and

forgery, the Applicant being 75 years old and incarcerated for more

than 2 years in the present crime and in continuity with the other

offences for more than 6 years, investigation being complete in the

present offence, chargsheet having been filed, no direct role being

attributed to the Applicant as to how he committed the offence of

cheating and forgery qua the part Occupation Certificate, later issuance

of Final Occupation Certificate by the Municipal Corporation for the

very same building for obvious reasons despite the Applicant being in

custody in order to aid and assist the daughter–in–law of the

Applicant, the trial not having commenced and for that mater would

take a long time to conclude persuade me to grant the present Bail

Application. Neither there is any chance of Applicant absconding since

he has deep roots in society and not a flight risk.


17.       Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-

          (i)   Applicant – Nanasaheb Shankarrao Gaikwad is directed

                to be immediately released from prison in connection

                with CR. No.777 of 2023 unless wanted and required to

                be kept in jail for any other offence;



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(ii) Applicant is directed to be released on bail on

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

    Thousand only) with one or two sureties in the like

    amount;


(iii) Applicant shall ensure that he shall attend the Trial

    Court, if called upon by the Court unless specifically

    exempted. and his Advocate shall remain present on all

    dates of trial before the Trial Court during trial;

    Applicant shall not seek unnecessary adjournments. Any

    such conduct shall entitle the prosecution to apply for

    cancellation of bail;


(iv) Applicant shall not leave the State of Maharashtra

    without prior permission of the Trial Court;


(v) Applicant shall not influence any of the witnesses or

    tamper with the evidence in any manner;


(vi) Applicant shall keep the Investigating Officer informed

    of his current residential address and mobile telephone

    number and shall forthwith inform the Investigating

    Officer of any change in his residential address or

    mobile telephone number, as and when such change

    occurs; and




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          (vii) Any breach or infraction of any of the aforesaid

                conditions shall entail cancellation of the bail granted to

                the Applicant.


18.       It is clarified that the observations made in this order are

limited for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


19.       Bail Application is allowed and disposed in the above terms.


20.       In view of disposal of Bail Application, pending Interim

Application No.1787 of 2026 is accordingly disposed.



                                           [ MILIND N. JADHAV, J. ]



21.       After this bail order is pronounced in Court today, Mr.

Maneshinde, learned Senior Advocate for the Complainant/First

Informant gives an Application on behalf of the Complainant/First

Informant seeking stay of the order for a period of four weeks to

enable the Complainant/First Informant to approach the Superior

Court to test the validity and legality of this order.




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                              22.       I have taken that Application which is filed by the Junior

                              Engineer of the Pune Municipal Corporation dated 16.09.2026 and

                              considered the same after going through the same. However, in view of

                              the findings which are returned and rendered by me in my order for

                              grant of bail to the Applicant in the present case, I am not inclined to

                              consider the said Application for stay. The said Application of the

                              Complainant/First Informant seeking stay of my order stands rejected.




                                                                        [ MILIND N. JADHAV, J. ]

    Ajay   Digitally signed
           by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
           2026.09.17
           15:39:53 +0530




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