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Bombay High Court

KIRAN BALIRAM BHOIRversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted as the prosecution had not established a prima facie case of the applicant's participation in the alleged conspiracy.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Kiran Baliram Bhoir, a xerox machine operator charged as accused No.7 in FIR No. 186 of 2026 for offences under the Bharatiya Nyaya Sanhita, 2023, including forgery and impersonation. The prosecution alleged that Bhoir participated in a conspiracy by using a Special Executive Officer's stamp to certify a false copy of a 1980 sale deed, which was then used by the principal accused to manipulate property records. The court observed that, on a prima facie basis, there was no incriminating material linking Bhoir to the alleged conspiracy and that any complicity could be examined at trial. Consequently, the court granted regular bail with a personal bond of Rs.15,000 and several conditions, including monthly reporting to the investigating officer and non‑interference with witnesses. The bail order was made without prejudice to the ongoing trial, and the interim application was also disposed of.

Issues considered

  • Whether the prima facie evidence against the applicant under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, justifies denial of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • conspiracy
  • forgery
  • impersonation
  • stamp misuse
  • sale deed
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                                                                86. BA-3294-26 & IA-2892-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                            BAIL APPLICATION NO. 3294 OF 2026

           Kiran Baliram Bhoir                                       .. Applicant
                       Versus
           State of Maharashtra                                      .. Respondent

                                          WITH
                          INTERIM APPLICATION NO. 2892 OF 2026
                                           IN
                            BAIL APPLICATION NO. 3294 OF 2026

           Kirti Ratilal Shukla                                         Intervenor / First
                                                                     .. Informant

           IN THE MATTER OF:
           Kiran Baliram Bhoir                                       .. Applicant
                       Versus
           State of Maharashtra                                      .. Respondent

                                      ....................
            Mr. Harshad Bhadbhade a/w Mr. Harshad Sathe, Mr. Dilip Satale &
             Ms. Swati Panjwani i/by SHB Legal, Advocates for Applicant
            Mr. Amit K. Munde, APP for State
            Mr. Vikram R. Sutariya a/w Mr. Rishabh D. Dingh, Mr. Tapan
             Radkar & Ms. Leepika B. Rasiwasia i/by DSK Legal, Advocates for
             Intervenor
            Mr. Pankaj Ghatkar, PI, EOW, Raigad
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : OCTOBER 9, 2026
           P. C.:

           1.       Heard Mr. Bhadbhade, learned Advocate for Applicant; Mr.

           Munde, learned APP for State and Mr. Sutaria, learned Advocate for

           Intervenor.


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2.    This is an Application under Section 483 of Bharatiya Nagarik

Suraksha Sanhita, 2023 seeking regular Bail in connection with FIR

No. 186 of 2026 registered with Karjat Police Station, Raigad for the

offences punishable under Sections 318(4), 338, 336(3), 340(2) and

3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS").


3.    Applicant is indicted in the present crime and arraigned as

accused No. 7.    The principal accused in the present crime which

relates to cheating, forgery and impersonation of substantive

documentary material is accused No. 1.          Insofar as the present

Applicant is concerned, he is a xerox machine operator for many years.

He has no criminal antecedents. Charge of the prosecution against him

is that he had used a stamp of a Special Executive Officer for certifying

the copy of a registered sale deed of 1980 as a true copy.

Admittedly, the stamp is that of the S.E.O. whose statement is recorded

where he himself stated that between 1999 and 2004, he had kept and

given his said stamp to the Applicant. The prosecution has recovered

the said stamp and all other things associated therewith from the

Applicant. No further recovery is required to be made from the

Applicant.


4.    The thrust of the prosecution argument and the argument of

learned Advocate for Intervenor is that role of the Applicant is that of

he being involved in a deep-rooted conspiracy with regard to the

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registered sale deed of 1980 which on the basis of the stamp of it

being a true copy was used by the accused No. 1 for furthering his

interest in the property by approaching the Revenue Authorities for

reconstruction of the said registered document.        Whatever are the

substantive rights of the parties will undoubtedly be governed by the

proceedings before the Revenue Authority and the Civil Court in

accordance with law.


5.    Today, the Bail Application of the Applicant who is arraigned as

accused No. 7 is before me. Though it is argued vehemently that

Applicant was part of the conspiracy and was having absolute

knowledge about the furtherance and use of the alleged true copy of

the sale deed for extraneous purposes by the other accused person,

prima facie, there is no incriminating material whatsoever which

impels me to accept the said contention.


6.    Complicity of the Applicant can be proved by the prosecution

otherwise at trial where all questions are kept open. Applicant for his

role and indictment has made out a case for grant of bail. Hence, the

Applicant is released on bail on the following terms and conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with FIR No. 186 of 2026;

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



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     furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

     Thousand only) with one or two sureties in the like

     amount;

(iii) Applicant shall report to the Investigating Officer at

     concerned Police Station, once every month on 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 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.


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           7.      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.


           8.      Bail Application is allowed and disposed of in the above terms.

           Interim Application is also disposed.



Amberkar                                           [ MILIND N. JADHAV, J. ]
                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.10.09
                     20:52:27 +0530




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