Ashok Ganesh Jivani vs. State Of Maharashtra
Held
The Court held that at this stage, there is no admissible evidence against the applicant. Considering the nature of the incriminating material presented, the Court was inclined to release the applicant on anticipatory bail. The Court allowed the anticipatory bail application, directing that the applicant be released on bail upon furnishing a PR bond of Rs. 25,000/- with one or two sureties in the like amount in the event of his arrest. The applicant is required to cooperate with the investigation and attend the police station as and when called. The prosecution was granted liberty to file an application for cancellation of bail if new incriminating material is discovered. The Court did not expressly leave any issue undecided.
Facts
The applicant, Ashok Ganesh Jivani, sought anticipatory bail in connection with Crime No. 436 of 2025 registered at Malad Police Station. The alleged offences are under Sections 316(2), 318(4), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The first informant, engaged in supplying education software, claims to have been defrauded of Rs. 1 Crore by the applicant and co-accused, who allegedly promised benefits under GST. The prosecution stated that a co-accused revealed that an absconding co-accused, Ravi, had given Rs. 50,00,000/- of the defrauded amount to the applicant. The applicant is reportedly involved in four other similar crimes.
Key Issues
1. Whether the applicant is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, considering the allegations of fraud and the amount involved, and the alleged involvement in other crimes? The applicant argued that there is no admissible evidence against him. The prosecution contended that the applicant is involved in defrauding the first informant of Rs. 1 Crore on the pretext of GST benefits and that Rs. 50,00,000/- of this amount was given to the applicant by a co-accused. The prosecution also highlighted the applicant's involvement in four other similar crimes.
Sections Cited
Section 438
AI-generated summary — verify with the full judgment below
1 922-ABA 2873-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2873 OF 2025 Ashok Ganesh Jivani … Applicant V/s. The State of Maharashtra … Respondent ----- Mr. Sunny Waskar i/by Ashok Shukla for the Applicant. Mr. V. N. Sagare, APP for the Respondent-State. PI Manoj Patil, Malad PS is present. ----- CORAM : N.R. BORKAR, J. DATE : 15TH OCTOBER 2025 P.C. :
This is an Application for anticipatory bail.
The Applicant is apprehending his arrest in Crime No.436 of 2025 registered with Malad Police Station for the offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The first informant is in the business of supplying education software. The allegations against the present Applicant and the co-accused are of defrauding the first informant and his partners to the tune of Rs.1 Crore on the pretext that they would get him certain benefits under the GST.
I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State. Mugdha 1 of 2 MUGDHA MANOJ PARANJAPE MUGDHA MANOJ PARANJAPE Date: 202
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