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Bombay High Court

VISHAL ANANT MUNDKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that bail should be granted as the prosecution failed to make out a prima facie case against the applicant.

Summary

The applicant, a practising advocate, was charged with conspiracy to reuse cancelled stamp papers, forge challans and obtain an heirship certificate, facing multiple IPC offences. The prosecution alleged that he accepted court‑fee payments and was involved in the scheme, but the FIR and recorded statements did not clearly establish his precise role, especially as the alleged back‑office work was carried out by his brother‑in‑law. The applicant, incarcerated for more than 18 months, sought bail under Section 493 of the Code of Criminal Procedure, 1973 and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined whether a prima facie case existed against him and held that the prosecution had not sufficiently linked him to the conspiracy. Accordingly, bail was granted subject to strict conditions, with the order limited to bail and without any finding on the merits of the case.

Issues considered

  • Whether the prosecution has made out a prima facie case establishing the applicant's participation in the alleged conspiracy.
  • Whether bail can be granted under Section 493 CrPC/Section 483 B.N.S. given the nature and gravity of the offences.
  • Whether the conditions imposed are appropriate to ensure the applicant's attendance and prevent tampering with evidence.

Legislation cited

Subjects

  • bail
  • Section 493 CrPC
  • Section 483 Bharatiya Nagarik Suraksha Sanhita
  • conspiracy
  • stamp paper fraud
  • Indian Penal Code
  • criminal procedure
  • conditions of bail
  • advocate

Judgment

                                                                          20.BA.4776.2025.doc

HARSHADA H. SAWANT
      (P.A.)
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.4776 OF 2025

              Vishal Anant Mundkar                                   .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                        ....................
               Mr. Ashok Mundargi, Senior Advocate a/w. Mr. Saurabh Butala,
                Mr. Harshad Sathe, Ms. Harshada Shrikhande and Mr. Sahil Mhatre
                for Applicant.
               Ms. Rajeshree V. Newton, APP for Respondent.
               API – Sunil Wagh, Panvel City Police Station.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : AUGUST 27, 2026
              P.C.:

              1.       Heard Mr. Mundargi, learned Senior Advocate for Applicant

              and Ms. Newton, learned APP for Respondent.


              2.       This is an Application under Section 493 of the Code of

              Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha

              Sanhita, 2023 seeking Bail in connection with C.R. No.73 of 2025

              registered with Panvel City Police Station for offences punishable

              under Sections 318 (4), 336, 337, 338, 178, 179, 182, 183, 305(e),

              306, 303(2) read with Section 3(5).


              3.       This Application seeks enlargemnet on bail of the Applicant.


              4.       Briefly stated and as argued by Ms. Newton, it is the case of

              prosecution that Applicant alongwith other co-accused persons has


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conspired and reused stamp papers rather cancelled stamp papers of

the Court and forged challan to obtain heirship certificate which is

issued by the civil Court pursuant to its order. Reading of the First

Information Report (for short ‘FIR’) appended at page No.150

alongwith report submitted by learned APP prima facie shows the role

of the Applicant in having the accepted the fees for payment of Court

fees stamp, 7 out of 9 witnesses whose statements have been recorded.

Two witnesses have not recorded their statement.


5.        It is prima facie seen that Applicant before me is an Advocate

practising in the Panvel Court in such matters. The reading of the FIR

prima facie suggests the role of co-accused person who is an Advocate

called Sanket Patil and as apprised by the prosecution is the brother-in-

law of Applicant who was looking after the office work as a Clerk in

the Applicant’s office. It is not specifically so apprised and stated by

prosecution as to what is the precise role of the Applicant after he

having accepted the Court fees amount from two of out of seven

witnesses whose statements have been recorded for payment of Court

fees stamp prima facie did not show the involvement in conspiracy

unless the prosecution makes out a prima facie case against Applicant.

The allegation with regard to preparing false challan and destroying

data in his computer in office once again cannot be directly applicable

to the Applicant before me in view of indictment of brother-in-law who

was specifically working with regard to managing his office and in doing all

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back office work. Applicant is already in incarceration for more than

18 months. The extent of conspiracy not having clearly been made

out, I am inclined to grant bail to the Applicant.


6.        Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 73 of 2025;


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

                furnishing P.R. Bond of Rs. 30,000/- (Rs. Thirty

                Thousand only) with one surety of the like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday 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;




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                           (vi) Applicant shall not influence with 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.

               7.          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.


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

               terms.



H. H. SAWANT                                                   [ MILIND N. JADHAV, J. ]



                           Digitally signed
                HARSHADA   by HARSHADA
                           HANUMANT
                HANUMANT   SAWANT
                SAWANT     Date: 2026.08.27
                           15:12:04 +0530




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