Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 29 September 2026

Case Overview

  • Application No. 1019 of 2026 filed by Pawan Khemani seeking anticipatory bail under Section 482 of the Bharatiya Nyaya Suraksha Sanhita (BNSS).
  • Respondents: State of Maharashtra and an additional respondent (unnamed).
  • FIR (Crime No. 84 of 2025) registered with the Economic Offences Wing (EOW), Mumbai; C.R. No. 699 of 2025 dated 15.09.2025, originally lodged at MIDC Police Station, Mumbai.
  • Offences alleged under IPC Sections 406, 420, 465, 467, 471 and 474 (criminal breach of trust, cheating, forgery, etc.).
  • Informant: Assistant Manager (Legal) of Vistra ITCL India Ltd, Family Trust, who reported that the Gangaramani Family Private Trust owned three offices; office No. 403 was let to the applicant.
  • Rent details: Fixed from July 2008; arrears from August 2011 to August 2013 amounted to Rs. 73,92,000, of which only Rs. 25,00,000 was paid. A notice to vacate was issued in November 2021.
  • Civil Suit No. 133 of 2022 filed by Jawaharlal Gangaramani (trust owner) in the Court of Small Causes, Bandra, for eviction.
  • Counter‑suit: Civil Suit No. 79 of 2024 filed by the applicant seeking specific performance based on alleged forged agreement to sale (dated 14 Sept 2013) and MOU (dated 6 Feb 2008), purportedly to claim property worth Rs. 12 crore.
  • Applicant claimed payment of Rs. 1.94 crore, while the property value exceeds Rs. 20 crore.
  • Police Inspector’s report dated 14 March 2024 (pages 237‑242) concluded the matter was civil, not criminal.
  • Applicant attended the EOW office approximately 65 times and expressed willingness to cooperate further.
  • Respondent‑state counsel argued the forged documents were on plain paper, unstamped, unregistered, and that custodial interrogation was necessary.
  • The court observed that the core allegation (forgery of documents) pertains to documentary evidence already with the investigating agency, making custodial interrogation unnecessary.

Final Outcome

  • The anticipatory bail application is allowed.
  • If arrested in connection with Crime No. 84 of 2025, the applicant shall be released on furnishing a personal bond of Rs. 25,000 with one solvent surety of the same amount.
  • The applicant must cooperate with the investigating agency during investigation and trial.
  • The applicant is prohibited from directly or indirectly pressurising or influencing any witnesses.

Topics: Anticipatory Bail, Criminal Procedure, Forgery