Bombay High Court
RAVIRAJ GAJANAN JOSHIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted because the applicant demonstrated bonafides by depositing the alleged amount, cooperating with the investigation, and facing serious health issues, and no material indicated a risk of tampering with evidence.
Summary
Raviraj Gajanan Joshi, one of four accused in a fraud case under the Bhartiya Nagarik Suraksha Sanhita, 2023 and the Maharashtra Protection of Interest of Depositors Act, was arrested on 2 May 2025 and had been in custody for over 14 months. The prosecution alleged that he received Rs.75,00,000 as part of a scheme that lured investors into bogus development projects. The applicant’s counsel submitted that he had deposited the same amount with the court as per an earlier order, cooperated with the investigation, and his wife was seriously ill and hospitalized. The court examined the deposit, the applicant’s cooperation, and the health circumstances, and found no reason to deny bail. Consequently, the court granted bail subject to a personal bond of Rs.50,000 and several conditions, while noting that the order was limited to bail and not on the merits of the case.
Issues considered
- Whether bail can be granted to an accused who has been in custody for more than 14 months under the BNSS and MPID charges.
- Whether the applicant’s deposit of Rs.75,00,000, cooperation with investigation, and serious health condition justify bail.
- Whether the fact that the charge‑sheet has been filed only against the principal accused affects the bail of a co‑accused.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 316(2), 316(5), 318(4), 336(3), 3(5), 61(2)
Subjects
- bail
- criminal breach of trust
- cheating
- misappropriation of monies
- BNSS
- MPID
- health condition
- deposit
- co‑operation with investigation
Judgment
38. BA 581-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 581 OF 2026
Raviraj Gajanan Joshi .Applicant
Vs.
The State of Maharashtra & anr. .Respondents
ANAND
SUDHAKAR
SUDAME Dr. Bhushan Mahadik a/w. Mr. Rohit Malpani, Advocates, for the
Digitally signed by
ANAND SUDHAKAR
Applicant
SUDAME
Date: 2026.09.03
Mr. Karmakar a/w. Ms. Shilpa Talhar, APP, for Respondent No. 1 - State
19:17:18 +0530
Mr. Pratik Rajopadhye a/w. Mr. Ameya Ranade, Mr. Gaurav Lele &
Ms. Shrawani Hatkar, Advocates, for Respondent No. 2
Mr. Chetan More, API, E.O.W., Pune City present
CORAM : MILIND N. JADHAV, J.
DATE : 03.09.2026
P. C.
1. Heard Mr. Mahadik, learned Counsel for the Applicant, Ms.
Talhar, learned APP for Respondent No. 1 – State and Mr. Rajoypadhye,
learned Counsel for Respondent No. 2.
2. The Applicant is indicted in Criminal prosecution and
proceedings under Sections 316(2), 316(5), 318(4), 336(3), 3(5),
61(2) of the the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short
“BNSS”) and Sections 3 & 4 of the Maharashtra Protection of Interest
of Depositors Act (for short “MPID”) in C. R. No. 78 of 2025. He is one
of the four Accused persons and is arrested on 02.05.2025 and is in
Anand 1 of 6
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incarceration for more than 14 months. According to the prosecution
case, four co-accused persons and more specifically the principal
co-accused namely Accused No. 2 – Mr. Ajay Chaudhary and Accused
No. 1 – Mr. Pravin Nahata promulgated a development scheme seeking
investments claiming to be office bearers of the Maharashtra Rajya
Bajar Samittee Sahkar Sangh and informed about investments in a
Government approved Scheme called “MAGNET” (Maharashtra Agri-
Business Network Project) and lured investors into making deposits.
Several hand loans were taken from investors. They also
simultaneously assured about floating a development scheme called
“Gazania Shelters Private Limited”, whereby they executed Deal
Agreements with the investors promising them handsome returns on
the basis of running a Resort Scheme called “Gazania Gardens”.The
land on which the said scheme appeared to be floated, prima facie,
according to the Complainant belongs to the Bhogvatdar Varg III of
Panchgani Devasthan Trust and it is the case of the prosecution that
without obtaining permission from the concerned Pradhikaran as also
from the Government, such scheme was floated and investments were
obtained leading to non-return of the said amounts and a financial
fraud on the investors. Charge against four Accused persons is for
Criminal breach of trust, cheating and also misappropriation of monies.
Anand 2 of 6
38. BA 581-2026.doc
The provisions of the Special Act have also been foisted in view of at
least four investors, who have come before the Court raising their
grievances of having made substantial investments, but the investments
having been dried out. Insofar the precise role of the Applicant is
concerned, even according to the prosecution case, he has received an
outlay of Rs.75,00,000/-, out of the total amounts which were received
by the principal co-accused persons namely Accused No. 1 and Accused
No. 2 in their Bank accounts.
3. Mr. Mahadik, learned Counsel for the Applicant draws my
attention to the Order dated 24.03.2026 passed by this Court in the
present matter which records the submission on behalf of the Applicant
that the Applicant was ready to deposit a sum of Rs. 75,00,000/- before
the Trial Court. Mr. Mahadik has placed on record the receipt of such
deposit which is dated 10.04.2026 pursuant to the aforesaid Order. He
would submit that the Applicant has shown his bonafides with regard
to the highest possible prosecution case against him of the outlay of the
amounts received by him and hence, the Applicant’s case should be
considered for grant of bail. Since investigation is completed, the
Applicant has participated in the investigation and co-operated with
the investigation, his custodial interrogation would not be necessary.
That apart, he has also placed on record substantial material which
Anand 3 of 6
38. BA 581-2026.doc
pertains to the wife of the Applicant having been diagnosed for serious
medical ailments in view of which she was, in fact, hospitalized for
more than six weeks in the month of April, 2026 in Deenanath
Mangeshkar Hospital & Research Centre, Pune.
4. I have perused the hospital papers which are placed before me
and prima facie, they having been given by Mr. Mahadik and I have no
reason not to disbelieve them. Needless to state that a set of the said
papers is also given to the prosecution. However, in view of the
aforementioned twin issues which have been delineated by me, I am
inclined to consider the request made by Mr. Mahadik for grant of bail,
for Applicant having shown his bonafides by depositing the amount of
Rs.75,00,000/- according to the previous order passed by this Court.
5. Mr. Karmakar, learned APP for Respondent No. 1 – State informs
the Court that Charge-sheet has been filed only qua the two principal
Accused persons namely Accused No. 1 and Accused No. 2 and
investigation is on. In that view of the matter, the Applicant is directed
to co-operate with the investigation as and when called for.
6. Hence, in view of above prima facie observations and finding,
Bail Application of the Applicant is allowed subject to the following
terms and conditions :-
(i) Applicant – Raviraj Gajanan Joshi is directed to be
Anand 4 of 6
38. BA 581-2026.doc
immediately released from prison in connection with
CR. No. 78 of 2025;
(ii) The Applicant is directed to be released on bail on
furnishing P. R. Bond of Rs.50,000/- (Rs. Fifty Thousand
only) with one or two sureties in the like amount;
(iii) The Applicant shall report to the Investigating Officer at
Deccan Police Station, Pune, once every month, on the
first Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) The Applicant shall co-operate with the conduct of the
trial and remain present before the Trial Court on all
dates, unless specifically exempted. The Applicant shall
not seek unnecessary adjournments. Any such conduct
shall entitle the prosecution to apply for cancellation of
bail;
(v) The Applicant shall not leave the country without the
prior permission of the Trial Court and shall deposit his
passport with the Trial Court;
(vi) The Applicant shall not influence any of the witnesses
Anand 5 of 6
38. BA 581-2026.doc
or tamper with the evidence in any manner;
(vii) The Applicant shall keep the Investigating Officer
informed of his current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in his residential
address or mobile telephone number, as and when such
change occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the 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. The Bail Application No. 581 of 2026 is allowed and disposed of
in the above terms.
(MILIND N. JADHAV, J.)
Anand 6 of 6
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