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Bombay High Court

DIPAK MOHAN PHADversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted as the prosecution failed to demonstrate the applicant’s complicity in the alleged fraud.

Summary

Dipak Mohan Phad, a junior clerk in Panvel Court, was arrested for allegedly accepting a bogus court‑fee challan of Rs 18,750 to obtain an heirship certificate, leading to charges of cheating, forgery and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that Phad conspired with his superior, Accused No. 4, Pravin Bandiwadekar, to perpetrate the fraud. The court noted that Accused No. 4 had already been released on bail and that the prosecution had not shown any concrete evidence of Phad’s participation in a conspiracy. Considering that Phad, as a junior clerk, could not be expected to detect the forged challan and had reported the matter to his superior, the court found no basis to deny bail. Consequently, the bail application was allowed, Phad was released on a personal bond of Rs 15,000 with one surety, and standard bail conditions were imposed. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether the applicant should be granted bail despite allegations of cheating, forgery and alleged conspiracy with a co‑accused
  • Whether the prosecution has established sufficient evidence of the applicant’s participation in the fraudulent scheme to justify denial of bail

Legislation cited

  • Bharatiya Nyaya Sanhita, 2023 — s. 178, 179, 183, 238, 316(5), 318(4), 329, 335, 336(1), 336(2), 337, 338, 339, 341, 3(6), 3(7), 3(8), 3(f), 45(c), 49, 60

Subjects

  • bail
  • cheating
  • forgery
  • conspiracy
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • court fee fraud
  • junior clerk
  • heirship certificate

Judgment

                                                                                 12 ba 3130 of 2026.odt



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION


                                         CRIMINAL BAIL APPLICATION NO. 3130 OF 2026

                        Dipak Mohan Phad                                      .. Applicant
                                      Versus
                        The State of Maharashtra                              .. Respondent

                                                    ....................
                         Mr. Priyal G. Sarda, Advocate for Applicant.
                         Mr. Amit A. Palkar, APP for the Respondent – State.
                         API Ajit P. Biradar, Panvel Town Police Station, present.
                                                        ................…


                                                       CORAM : MILIND N. JADHAV, J.
                                                       DATE         : AUGUST 18, 2026

                        P. C.:


                        1.        Heard Mr. Sarda, learned Advocate for the Applicant and

                        Mr. Palkar, learned APP for the Respondent–State.


                        2.        By this Application, the Applicant is seeking bail in connection

                        with CR No. 17 of 2025 registered with Panvel City Police Station, for

                        the offences punishable under Sections 316(5), 318(4), 335, 336(1),

                        336(2), 337, 338, 339, 341, 178, 179, 183, 45(c),             49, 60, 238,
RAJESHRI
PRAKASH                 329,3(f), 3(6), 3(7) and 3(8) of the Bharatiya Nyaya Sanhita, 2023
AHER
Digitally signed by
RAJESHRI PRAKASH
AHER
Date: 2026.08.20
                        (BNS).
20:20:54 +0530



                      Rajeshri Aher

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  3.        The Applicant before me is arraigned as Accused No.1 in the

  present crime.      He was working as the Junior Clerk in the Panvel

  Court. He was arrested on 31st January, 2025, for cheating and forgery.

  According to the prosecution, the Applicant accepted a challan, copy of

  which is appended at Exhibit 251 of the Application, which was for

  Rs. 18,750/-, towards court fee for the purpose of obtaining Heirship

  Certificate    in   a   Testamentary   proceedings.   According    to     the

  prosecution, this challan was a bogus challan, which came to light

  subsequently because the number of the said challan did not reflect

  the amount on the GRAS Website of the Government. Since the

  Applicant had accepted the challan and processed it further for the

  purpose of issuance of Heirship Certificate to the concerned party, the

  Applicant has been indicted. Though, the role of the Applicant is

  otherwise serve as argued by the prosecution, the prosecution has

  referred to and relied on rejection of the previous bail orders passed

  this Court, appended at page no. 23 of the Application. On reading of

  the said order, it is prima facie seen that it is the prosecution’s own

  case that the Applicant had immediately informed the Accused No. 4,

  namely, Pravin Bandiwadekar, who was then his immediate office

  Superintendent and the superior under whom the Applicant was

  working. Once that is the position, the cases of the prosecution that
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  the Applicant and Accused No.4 have conspired in the said fraud,

  prima facie cannot be accepted, for the sole reason that the Accused

  No.4 has already been enlarged on bail by this Court vide order dated

  6th May, 2025.       Reading paragraph no. 6 which is the case of the

  prosecution reflected in the previous bail order itself, gives leeway to

  the Applicant to be released on bail. The Applicant, who was otherwise

  as a Junior Clerk, would not be expected to have a roving eye to

  determine whether the challan given to him was a forged challan or

  otherwise despite which he pointed it out to his superior. Unless the

  prosecution is able to show complicity of the Applicant in the

  conspiracy of fraud, the prosecution case cannot be countenanced at

  this stage. That not having been shown, the Applicant has made out a

  good case for grant of bail. Therefore the Application is allowed. The

  Applicant is, therefore, released on bail.


  4.        In view of the above the following order is passed:-



                                  :: O R D E R ::
           (i)    Applicant is directed to be immediately released from

           prison in connection with Crime No. 17 of 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;

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           (iii)   Applicant shall report to the Investigating Officer at

           Panvel City Police Station, Raigad, once every month on the first

           Sunday 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 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 Applicant.


  5.        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


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  its own merits being uninfluenced with any of the prima facie

  observations made herein above in this order.


  6.        Bail Application is allowed and disposed of in the above

  terms.




                                        [ MILIND N. JADHAV, J. ]




Rajeshri Aher

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