BHAU NANA CHAVANversusSTATE OF MAHARASHTRA

                                                                    59-BA-3932-2023.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
               CRIMINAL BAIL APPLICATION NO. 3932 OF 2023
                                        WITH
                  INTERIM APPLICATION NO. 2004 OF 2024
Bhau Nana Chavan                                                … Applicant
      Versus
State Of Maharashtra                        … Respondent
__________________________________________________________
Ms. Seema Dighe, Advocate for the Applicant (through VC).
Ms. Shilpa Gajare-Dhumal, APP for the Respondent – State.
PSI S. R. Jaybhaye, Chakan (Mahalunge) MIDCPolice Station.
__________________________________________________________

                                      CORAM : ASHWIN D. BHOBE, J.
                                       DATE : 17th June, 2026.
P.C. :


1.       On 03.02.2024, the following order was made :-


             “1. This is an application under Section 439 of Code of
             Criminal Procedure for grant of bail.

             2. The applicant came to be arrested in C.R. No 1051 of 2022
             registered at Chakan Police Station, Pimpri - Chinchwad for the
             offences punishable under Sections 420, 467, 468, 471 read
             with 34 of the Indian Penal Code.

             3. The allegations against the present applicant are of
             impersonation and forgery.

             4. I have heard the learned counsel for the applicant and the
             learned APP for the respondent- State.

             5. The learned counsel for the applicant submits that the
             applicant is in jail for 1 year and 6 months. It is submitted that
             all the offences are triable by the Magistrate. It is further


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             submitted that there are no other criminal antecedents.

             6. On the other hand, the learned APP for the
             respondent/State submits that the applicant has prepared
             forged identity documents of his own relative and executed
             agreement to sell. It is submitted that the applicant got Rs.28
             Lakhs towards consideration. It is submitted considering the
             nature of offence, the applicant may not be released on bail.

             7. The learned counsel for the applicant submits that though
             the applicant has not received the alleged amount, still without
             prejudice to his rights, the applicant is willing to deposit Rs.5
             lakhs before the trial Court. Admittedly, the offences are triable
             by the Magistrate. The applicant is in jail for 1 year and 6
             months. Considering the overall facts and circumstances. I am
             inclined to release the applicant on bail. In the result, the
             following order is passed.

                                          ORDER

             (i) The Application is allowed.

             (ii) The applicant be released on bail in C.R.No.1051 of 2022
             registered at Chakan Police Station, Pune for the offences
             punishable under Sections 420, 467, 468, 471 read with 34 of
             the Indian Penal Code on furnishing P.R.Bond in the sum of
             Rs.25,000/-(Rupees Twenty Five Thousand) with one or two
             sureties in the like amount.

             (iii) The applicant shall deposit amount of Rs.5 Lakhs before
             the trial Court within two months from the date of his release.

             (iv) List the application for compliance on 5 April 2024.”


2.       Ms. Seema Dighe, learned Advocate for the Applicant,

submits that the Applicant could not comply with the bail

condition No. (iii), as such the Applicant filed an Interim

Application No. 2004 of 2024 for seeking extension of time. She

submits that the Applicant is not in contact with her and it is

difficult to contact the Applicant.


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3.       Ms. Shilpa Gajare-Dhumal, learned APP for the Respondent-

State, submits that the Interim Application No. 2004 of 2024 is not

maintainable and requests for dismissal of the same.



4.       Considering the submissions made by Ms. Seema Dighe,

learned Advocate for the Applicant and the objection to the

maintainability of the Interim Application No. 2004 of 2024, the

Interim Application No. 2004 of 2024 is dismissed.



5.       Aforesaid facts indicate that the Applicant has failed to

comply with the conditions of bail granted by this Court vide order

dated 03.02.2024 passed in Bail Application No. 3932 of 2023.



6.       Ms. Shilpa Gajare-Dhumal, learned APP for the Respondent-

State, submits that on account of the failure to comply with the

bail conditions, the Respondent/prosecution would now be

entitled to apply for cancellation of bail granted to the Applicant.

She, on instructions, submits that an appropriate Application

seeking cancellation of the bail would be filed without any delay.



7.       Ms. Shilpa Gajare-Dhumal, learned APP for the Respondent-



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State and Ms. Seema Dighe, learned Advocate for the Applicant,

therefore, submit that in view of the order dated 03.02.2024

passed in Bail Application No. 3932 of 2023, nothing further

would survive and therefore submit that the proceedings of Bail

Application No. 3932 of 2023 be closed.



8.       By reserving the right of the Respondent-State, to apply for

cancellation of the bail granted on 03.02.2024 in Bail Application

No. 3932 of 2023, Criminal Bail Application No. 3932 of 2023 is

disposed of.



                                            (ASHWIN D. BHOBE, J.)




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