NITIN S/O MADANLAL JAINversusTHE STATE OF MAHARASHTRA

          Digitally signed
          by SANJAY          SA_MANDAWGAD                                           8 BA 3268-26.DOC
          ASARAM
SANJAY    MANDAWGAD
ASARAM
MANDAWGAD Date:
          2026.09.29
          18:56:45
          +0530
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                        BAIL APPLICATION NO. 3268 OF 2026

                             Nitin S/o. Madanlal Jain                           … Applicant
                                   V/S.
                             State of Maharashtra                               … Respondent


                             Mr. Rizwan Merchant i/by Mr. Randhir Kale, for the applicant.
                             Ms. K.T. Hiwrale, APP for Respondent–State.
                             Mr. Ajay Kadam, PI, Pydhonie Police Station, present.


                                                      CORAM: SHYAM C. CHANDAK, J.
                                                      DATED : 28th SEPTEMBER, 2026
                             P.C. :-

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

                             2.     The applicant (Accused No.4) seeks his release on bail in
                             connection with C.R. No. 276 of 2026, registered with Pydhonie
                             Police Station, Mumbai, for the offence punishable under Sections
                             316(5), 317(2), 318(4), 319(2), 61(2), 3(5) and Sections 111(2)(b),
                             (3) and (4) of the Bharatiya Nyaya Sanhita, 2023 (for short,
                             “BNS”), on the report dated 20th March, 2026 filed by Mr.Prashant
                             Krushna Tawade – informant.

                             3.     The prosecution case is that the informant, has been
                             working as a Manager with M/s. Dhanraj Precious Metals Pvt.
                             Ltd., Mumbai. On 18th March, 2026, the informant received a call
                             from a person who introduced himself as Manish Jain and claimed
                             to be speaking on behalf of M/s. Navkar Jewels, Hyderabad.
                             Further, the two had a talk regarding gold business during which
                             the informant agreed to provide 14 bangles of 22-carat gold
                             weighing 309.11 grams in consideration of gold bars weighing 300

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SA_MANDAWGAD                                           8 BA 3268-26.DOC



grams to be given by said Manish Jain. It was agreed that the
exchange of the said gold properties would be done in the office of
K. Ambalal Angadia. However, apprehending raid by GST
authority and due to crowd, the gold was exchanged in a lane New
Jai Hind Hotel, Masjid Bunder. Later on, when the gold bars were
tested at Zaveri Bazar, they were found to be fake, being made of
copper and zinc. Therefore, the aforesaid crime came to be
registered and the accused persons were arrested. It is alleged that
Accused No.1 impersonated himself as Manish Jain, who was
identified in the TIP by the informant. It is alleged that the
applicant has received 14 gold bangles, which he further sold for
Rs.45,00,000/- to Accused Nos.5 and 6 and kept the amount with
him. Accordingly, all the Accused persons stood charge-sheeted.

4.    The Trial Court declined to release the applicant on bail for
two reasons, that there is a prima facie case against the applicant
and that, he has similar seven criminal antecedents.

5.    Mr. Merchant, learned counsel for the applicant, has
submitted that, considering the overall facts and circumstances of
the case, maximum, the applicant can be charged for the offence of
receiving the stolen property, but, certainly not for the charge of
the organized crime. However, the applicant is ready to deposit
Rs.15,00,000/- in the Trial Court before his release on bail and an
additional amount of Rs.10,00,000/- within four weeks from his
release from jail. Mr. Merchant, on instructions, submits that the
applicant hereby gives his no objection for withdrawing of the
entire amount of Rs.25,00,000/- from the Trial Court by the
informant on behalf of M/s. Dhanraj Precious Metals Pvt. Ltd.,
Mumbai and, the applicant would not object for the same.


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SA_MANDAWGAD                                            8 BA 3268-26.DOC



However, the said deposit will be without prejudice to the rights,
defence and contentions to be raised by the parties before the Trial
Court as well as any other proceedings arising out of the present
crime. He submitted that in all the earlier cases, the applicant is
on bail. In addition, Mr. Merchant submitted that the applicant’s
step mother is on dialysis for last six years. She is in need of
continuous medical treatment. To substantiate this statement,
Mr.Merchant tendered the compilation of medical papers which is
taken on record (marked “X”). He submitted that the presence of
the applicant with his mother is essential. Therefore, bail be
granted.

6.    Ms. Hiwrale, learned APP, on the other hand submitted that
there is sufficient material against the applicant of having
committed this offence along with the co-accused persons. The
applicant has 7 criminal antecedents. Therefore, bail be refused.

7.    I have considered the submissions. Considering the material
on record, I have found a prima facie case against the applicant of
having committed the present offence. However, it cannot be
ignored that the applicant's step mother is in need of his support.
The applicant is ready to deposit Rs.25,00,000/- as above and has
given his no objection to withdraw that money by the informant.
The applicant is on bail in all the earlier cases. Therefore, I am
inclined to allow the application. Hence, Order :-

       (i)     Applicant - Nitin Madanlal Jain be released on bail in
       aforesaid FIR registered with Pydhonie Police Station,
       Mumbai, on his executing P.R. Bond in the sum of
       Rs.50,000/- with one or two sureties in the like amount.


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SA_MANDAWGAD                                               8 BA 3268-26.DOC


               (a) As voluntarily undertaken, before his release
               from jail, the applicant shall deposit Rs.15,00,000/-
               in the Trial Court and additional Rs.10,00,000/-
               within four weeks thereafter.

               (b) The informant is at liberty to withdraw the said
               entire amount on behalf of M/s.Dhanraj Precious
               Metals Pvt. Ltd., Mumbai, as and when deposited.

               (c) The deposit and withdrawal of the said amount
               shall be without prejudice to the rights, defence and
               contentions of the parties to be raised before the trial
               Court and, in any other proceedings that may arise
               out of the present crime. Similarly, the said deposit
               shall not be construed as an admission of guilt in this
               crime by the applicant.

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

       (iii) The applicant shall regularly attend the proceedings
       before the jurisdictional Court unless exempted by the said
       Court, for the reasons to be recorded in writing.

       (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.



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SA_MANDAWGAD                                             8 BA 3268-26.DOC



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


       (vii) In case of breach of aforesaid conditions, the
       Respondent/s will be at liberty to seek cancellation of bail
       from the trial Court.


       (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
       the merits of the case.


8.    Bail Application stands disposed of in aforesaid terms.



                                       (SHYAM C. CHANDAK, J.)




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