Bombay High Court

SUDAM DHONDIBHAU AUTIversusTHE STATE OF MAHARASHTRA

Decided: 24 August 2026
Disposal: Allowed

Holding

Anticipatory bail is granted subject to the applicant joining the investigation, producing documents, and refraining from contacting the complainant or witnesses.

Summary

Raja Mariappa Naikar applied for anticipatory bail in connection with FIR No. 0393 of 2026 alleging forgery and fabrication of a sale deed. The offences are punishable under Sections 318(4), 335, 336, 338, 339, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that the allegations pertain to documentary evidence, a civil suit is pending, and he is willing to cooperate with the investigation; another accused had already been granted bail. The State opposed, contending that the original document must be produced and custody may be required. The Court held that custody is not necessary for document recovery and directed the applicant to attend the police station, produce documents, and refrain from contacting the complainant or witnesses, thereby granting anticipatory bail subject to these conditions. An interim application by the complainant was also allowed, joining the complainant as respondent No.2.

Issues considered

Whether anticipatory bail should be granted when the alleged offence involves forgery of documents and the prosecution seeks the original document.
Whether the applicant's custody is necessary for the investigation or can be secured through cooperation.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 335, 336, 338, 339, 340, 3(5)

Subjects

anticipatory bail
forgery
document fabrication
Bharatiya Nyaya Sanhita
civil suit
investigation cooperation
conditions of bail

Judgment

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Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.08.24
CRIMINAL APPELLATE JURISDICTION
19:51:38
+0530

ANTICIPATORY BAIL APPLICATION NO. 2211 OF 2026

RAJA MARIAPPA NAIKAR ….. APPLICANT

STATE OF MAHARASHTRA ….. RESPONDENT

WITH
INTERIM APPLICATION NO. 2785 OF 2026
IN
ANTICIPATORY BAIL APPLICATION NO. 2211 OF 2026

SUDAM DHONDIBHAU AUTI ….. APPLICANT

IN THE MATTER BETWEEN

RAJA MARIAPPA NAIKAR ….. APPLICANT

STATE OF MAHARASHTRA ….. RESPONDENT

Adv. S. S. Kharat a/w. Adv. Achal D. Gupta, Adv. Megha Keluskar for
the Intervenor.

Adv. Prashant Yadav a/w. Adv. Gajanan Shinde i/b. Adv. Pradeep
Yadav for the Applicant.

Mr. Arfan Sait, APP for Respondent – State.

Mr. Bacchewad, I.O., P.I., Tilaknagar Police Station, Mumbai present.

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

INTERIM APPLICATION NO. 2785 OF 2026

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

the complainant.

2) Heard learned counsel for the applicant as well as learned

counsel for the respondent.

3) Considering the fact that this is an application filed by the

original complainant, the same needs to be allowed in the interest of

justice.

4) Accordingly, the application is allowed and is disposed of

and the intervenor is directed to be joined as party respondent no.2.

5) Necessary amendment be carried out by the original

applicant forthwith.

ANTICIPATORY BAIL APPLICATION NO. 2211 OF 2026

1) Heard learned counsel for the applicant as well as learned

APP for the State and learned counsel for the respondent no.2.

2) The applicant has filed the instant application seeking

pre-arrest bail in connection with FIR No. 0393 of 2026 registered

with Tilak Nagar Police Station, Mumbai for the offence under

Sections 318(4), 335, 336, 338, 339, 340 and 3(5) of the Bharatiya
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Nyaya Sanhita, 2023.

3) Learned counsel for the applicant submits that the offence

is registered on the basis of the allegations against the applicant and

one more accused that they have forged and fabricated documents of

termination/cancellation of sale deed dated 7 th April, 2014 and in

view of the subsequent transaction on the basis of said document, the

complainant is alleged to have been cheated. Learned counsel for the

applicant submits that the nature of the allegations are with respect to

the forgery of the documents and there is a civil suit in between

parties bearing Special Civil Suit No. 1985 of 2025 in which the said

document was produced by the applicant. He submits that as regards

the allegations about the documents are concerned, the applicant is

ready to extend co-operation by joining in the investigation. He also

states that other accused person by name Radha Naikar is already

granted anticipatory bail by the Sessions Court.

4) Although the application is opposed by the learned APP as

well as learned counsel for the complainant by pointing out that there

are allegations that the document is forged and fabricated and the

original of the said document needs to be produced on record for the

purpose of investigation, it has to be noted that the nature of

allegations in the report are with respect to the documentary
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evidence. The custody of this applicant need not be insisted for the

purpose of recovery of the documents. The presence of the applicant

can be secured by directing him to attend the police station and

directing him to extend co-operation by producing all the relevant

documents available with him.

5) Accordingly, the applicant is directed to join in the

investigation and attend the police station on Friday, 28 th August 2026

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

produce the documents if demanded by the Investigating Agency.

6) The applicant is restrained from contacting the

complainant or any of the witnesses in any manner.

7) Subject to these conditions, the applicant shall not be

arrested till the next date.

8) List the application for final disposal on 7 th September,

2026.

[PRAFULLA S. KHUBALKAR, J.]

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