JAYSHREE TUSHAR SHAHversusSTATE OF MAHARASHTRA

                                        5-ABA-2200-2026 W IA-2767-2026.ODT




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION


        ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026

Amit Pashamlal Bhatia And Anr.                           …Applicants
      Versus
The State of Maharashtra And Anr.                        …Respondents

                            WITH
            INTERIM APPLICATION NO. 2767 OF 2026
                               IN
      ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026
Jayshree Tushar Shah                         …Intervener
                                             (Original
                                             Complainant)
IN THE MATTER BETWEEN :-
Amit Pashamlal Bhatia And Anr.               …Applicants
      Versus
The State of Maharashtra                     …Respondent


Adv. Prateei Thakur a/w Adv. Yash Tated, for the Applicants.

Mr. Prasanna P. Malshe, A.P. P., for the Respondent – State.

Adv. Mubin H. Solkar a/w Adv. Tahir Hussain, Adv. Anas K. Shaikh,
Adv. Mehrosh Solkar, Adv. Tahera Qureshi, Adv. Zahid Burud,
Adv. Somania, Adv. Hemal Shah, Adv. Yakub Shaikh i/b Adv. Yusuf
Mithi, for Intervener.

API Vivek Bairagi, Nehru Nagar Police Station, Mumbai, is present.


                     CORAM :           PRAFULLA S. KHUBALKAR, J.
                     DATE          :   24TH AUGUST 2026
P.C:-


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              INTERIM APPLICATION NO. 2767 OF 2026

1.     This is an application for intervention filed on behalf of

the original complainant.


2.     The applicants have no objection for allowing the

application.


3.     Considering the fact that this is an application by the

original complainant and no objection given by the applicant,

the   application    is     allowed    and     disposed    of.     Necessary

amendment be carried out.

      ANTICIPATORY BAIL APPLICATION NO. 2200 OF 2026

4.     Heard learned counsel for applicant as well as learned

APP for respondent-State and learned counsel for complainant /

respondent no.2.


5.     The applicants are apprehending arrest in Crime No. 388

of    2026,    registered    with     Nehru     Nagar     Police    Station,

Brihanmumbai, for the offence punishable under Section 318(4)

read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.




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6.    Learned counsel for applicants submit that the offence is

registered with respect to certain commercial transactions in

between complainant and the applicants. The FIR is registered

on the basis of report lodged by the complainant alleging that

the applicant nos. 1 and 2, who are husband and wife, have

failed to procure purchase orders from D-Mart and Wall-Mart

despite acceptance of an amount of Rs. 20,63,000/- from time

to time.


7.    Learned counsel for applicants submits that there is delay

of more than six months in lodging FIR. She also states that the

transactions are purely civil in nature and in this regard invites

attention to the notice dated 6th March 2026 (Exh-E) which is a

notice for recovery of Rs. 20,63,000/- sent on behalf of the

complainant. She states that there are no criminal antecedents

against these applicants and they are ready to extend co-

operation to the investigation agency.


8.    The application is opposed by the learned APP for

respondent-State as well as learned counsel for complainant.




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9.    Learned counsel for complainant/respondent no.2 submits

that the applicants have misrepresented that they have procured

certain orders from D-Mart and Wall-Mart and have also secured

some vendor code from Wall-Mart. It is also submitted that the

applicants have obtained huge amount from time to time but

have failed to procure any order for supply of drawing books,

etc., as was initially agreed. It is also stated that the documents

put forth by the applicants for the purpose pretending that the

purchase orders are in process, are forged and an investigation

needs to be conducted in that regard.


10.   Considering the nature of allegations, it prima facie

appears that there is a civil transaction with respect which the

notice of recovery is already sent by the complainant. However,

as regards the documents produced by the applicants in the

nature of supply orders and vendor code, an investigation needs

to be conducted.


11.   Considering the nature of offence, the presence of these

applicants can be secured by directing the applicants to attend

the police station and extend co-operation. Hence, applicants

are directed to attend the police station on Friday 28 th August


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2026 and 31st August 2026 in between 10:00 a.m. to 2:00 p.m.

and as and when called upon by the investigating agency. The

applicants are directed to disclose the source of all the

documents in the nature of vendor registration form and vendor

agreements          and     all   other   documents,         if   demanded     by

investigating agency. Subject to these conditions, the applicants

shall not be arrested till next date.


12.         List   the    application     for      further   consideration     on

7th September 2026.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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