Bombay High Court
Ananda @ ANANDRAO BABURAO JADHAVversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court held that the applicant is entitled to bail, subject to a personal bond of Rs.50,000 and the conditions specified in the order.
Summary
Ananda @ Anandrao Baburao Jadhav was arrested in connection with a loan fraud case involving alleged forged warehouse receipts and the transfer of most of the loan amount to a co‑accused. The applicant contended that he was falsely implicated, had deep community ties, and was willing to deposit Rs.23,000 and comply with any conditions. The State opposed bail, arguing the seriousness of the offences (cheating, criminal breach of trust, forgery) and the risk of tampering with evidence. The Court noted the applicant’s prolonged pre‑trial detention, the completion of investigation, parity with co‑accused already on bail, and the applicant’s willingness to furnish a bond and comply with conditions. Accordingly, the bail application was allowed subject to a personal bond of Rs.50,000, a deposit of Rs.23,000, periodic police reporting, and other safeguards.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 34, 407, 409, 420, 465, 467, 468 and 471 of the IPC considering the seriousness of the crimes and risk of evidence tampering.
- Whether the applicant’s prolonged pre‑trial detention justifies granting bail.
- Whether the conditions proposed by the Court are sufficient to mitigate the risk of flight or interference with the investigation.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 407, 409, 420, 465, 467, 468, 471
Subjects
- bail
- pre‑trial detention
- cheating
- criminal breach of trust
- forgery
- IPC
- personal bond
- court conditions
Judgment
501 BA NO. 504 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 504 OF 2026
Ananda @ Anandrao Baburao Jadhav
Versus
The State Of Maharashtra And Another
…
• Mr. Ranjeet H. Patil a/w Mr. Dhavalsinh Patil, Advocate for
Applicant
• Mrs. Ashvini A. Takalkar, APP for Respondents - State
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 07.07.2026
PER COURT :
1. Heard learned counsel for the applicant and learned APP for
the respondents – State.
2. The applicant seeks regular bail in connection with Crime
No.382/2024 registered with Ichalkaranji Police Station, District
Kolhapur, for the offences punishable under Sections 34, 407, 409,
420, 465, 467, 468 and 471 of the Indian Penal Code, 1860.
3. Learned counsel for the applicant submits that the applicant
has been falsely implicated in the present crime. It is submitted that
the entire loan amount obtained by the applicant on the strength of
the warehouse receipts was transferred to the account of the main
accused, which is evident from the applicant's bank statement.
According to the prosecution's own affidavit, out of the loan amount
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501 BA NO. 504 OF 2026
of Rs.24,78,000/-, a sum of Rs.24,55,000/- was transferred on
21.08.2023 to the account of accused No.9 – Irfan Tayyub Motalani,
while only Rs.23,000/- remained in the applicant's account. It is
further submitted that the applicant, a genuine farmer, has himself
been cheated by the main accused, Razzaq Motalani, who is already
in custody, and is not a beneficiary of the alleged fraud. The applicant
is a permanent resident of Village Ghogaon, District Sangli, owns
agricultural land, has deep roots in society, and is not likely to
abscond. Upon instructions, learned counsel further submits that,
without prejudice to his rights and contentions, the applicant is
willing to deposit the amount of Rs.23,000/- before the trial Court to
demonstrate his bona fides and is ready to abide by any conditions
that may be imposed by this Court.
4. Per contra, the learned APP vehemently opposes the
application. It is submitted that the applicant, in connivance with the
co-accused, secured a loan of Rs.24,78,000/- from Sangli Urban
Bank, Islampur Branch, by producing forged warehouse receipts
showing pledge of agricultural produce, whereas, upon verification,
no such goods were found to have been pledged. It is further
submitted that the offences involve cheating, criminal breach of trust
and forgery of valuable security, which are grave in nature. According
to the prosecution, if released on bail, the applicant may tamper with
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501 BA NO. 504 OF 2026
the prosecution evidence or indulge in similar activities. Hence, the
application may be rejected.
5. I have carefully considered the rival submissions and perused
the investigation papers as well as the charge-sheet. I have also taken
into consideration the order dated 19.03.2025 passed by this Court at
the Circuit Bench, Kolhapur in Criminal Bail Application No. 158 of
2025 (Shreyas Sanjay Mane vs. State of Maharashtra ) and the order
dated 16.02.2026 passed in Criminal Bail Application No. 1888 of
2025 (Sushant Manikrao Kolekar vs. State of Maharashtra), and the
order dated 09.06.2026, passed by this Court in Criminal Bail
Application No. 264 of 2026 (Prahalad Baburao Jadhav vs. State of
Maharashtra), whereby similarly placed co-accused have been
enlarged on bail.
6. The applicant was arrested on 10.09.2024 and has remained in
custody since then. Investigation is complete and the charge-sheet
has already been filed. The charge-sheet is voluminous and several
prosecution witnesses are yet to be examined. The trial has not
commenced and is likely to take considerable time to conclude. In
such circumstances, continued incarceration of the applicant would
amount to prolonged pre-trial detention.
7. Having regard to the period of incarceration undergone by the
applicant, the completion of investigation, the principle of parity with
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501 BA NO. 504 OF 2026
the co-accused who have already been released on bail, and the fact
that the applicant has expressed his willingness to deposit the
amount of Rs.23,000/- lying in his account, I am of the opinion that
the applicant deserves to be enlarged on bail. The apprehension
expressed by the learned APP can be adequately addressed by
imposing appropriate conditions. Hence, the following order :-
ORDER
i. The Bail Application is allowed.
ii. The applicant, Ananda @ Anandrao Baburao Jadhav, shall be
released on bail in connection with Crime No.382/2024
registered with Ichalkaranji Police Station, District Kolhapur,
for the offences punishable under Sections 34, 407, 409, 420,
465, 467, 468 and 471 of the Indian Penal Code, 1860, on
furnishing a P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with two solvent sureties in the like amount,
subject to the following conditions:
iii. The release of the applicant shall be subject to the following
conditions :-
A) The aforesaid order is subject to the Applicant depositing
an amount of Rs. 23,000/- before the trial Court within a
period of one week from today.
B) The applicant shall report to the concerned Police Station
once in every three months till conclusion of the trial.
C) The Applicant shall attend the trial Court regularly.
D) The Applicant shall not tamper with the prosecution
evidence and shall not influence the witnesses.
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501 BA NO. 504 OF 2026
E) The Applicant shall submit his Aadhar and PAN Cards to
the Investigating Officer and detailed addresses of the
residence and phone numbers of himself and two of the
near relatives.
8. In the event of failure to deposit the amount of Rs.23,000/-
within the stipulated period or breach of any of the above conditions,
it shall be open to the prosecution to seek cancellation of bail.
9. The observations made herein are prima facie in nature and
shall not influence the Trial Court while deciding the case on its own
merits.
10. The Bail Application stands disposed of accordingly.
( MEHROZ K. PATHAN, J. )
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