Vishnu Ramchandra Bhagwat vs The State Of Maharashtra And Ors

CNR No : HCBM010120112023

2026:BHC-AS:43003-DB
TRUPTI
SADANAND
BAMNE
Digitally signed
by TRUPTI
SADANAND
BAMNE
Date: 2026.10.22
14:33:51 +0530
J-WP-1585-2023 C07102026.docx
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1585 OF 2023
WITH
INTERIM APPLICATION NO. 4330 OF 2025
]
]
]
] … Petitioner
Vishnu Ramchandra Bhagwat
Age: 43 years, Occ.: Business
rd
Add: 3 Floor, Business Court,
Govind Nagar, Nashik
V/s.
1. State of Maharashtra (Through ]
Director General of Police) ]
2. State of Maharashtra (Through ]
Economic Offence Wing, Nashik) ]
3. State of Maharashtra (Through ]
Economic Offence Wing, Pune) ]
4. State of Maharashtra (Through ]
Economic Offence Wing, Dhule) ]
5. State of Maharashtra ]
(Through Sonia Police Station) ]
6. State of Maharashtra ]
(Through Pathardi Police Station) ]
7. State of Maharashtra (Through Ambad ]
Police Station) ]
8. State of Maharashtra (Through ]
Jaikheda Police Station) ]
9. State of Maharashtra (Through Phaltan ]
Police Station) ]
10. State of Maharashtra (Through Parali ]
Police Station) ]
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11. State of Maharashtra (Through ]
Bhandup Police Station) ]
12. State of Maharashtra (Through ]
Ulhasnagar Police Station) ]
]
]
]
]
13. Mr. Raman Khandu Birhade
Add: S. No 26/2, Plot No 16,
Bholenath Nagar, Patonda Road,
Nandurbar – 425412
]
]
]
]
]
14. Mr. Shyamkarn Bhanudas Hon.
Add: Vaani Society, Takali Road, Near
ZP Hospital Kopargaon,
Teh. Kopargaon,
Dist: Ahmednagar – 423601
15. Mr. Krushna Bhujangrao Ware
Add: Plot number 26/9, Krushna
Prabha Bungalow, Near Maruti Mandir,
Anand Nagar Pathardi, Tal: Pathardi,
Dist: Ahmednagar – 414001
]
]
]
]
]
16. Mr. Mayur Sunil Pawar
Add: Pawar Vasti, Near Ganpati
Temple, Lachke flour mill, Paregav
Road Bajirao Nagar, Tel: Yeola,
Nashik – 423401
]
]
]
]
]
17. Mr. Dhananjay Bhimrao Sawant
Add: Mandave, Malshiras
Dist: Solapur – 413111
]
]
]
18. Mr. Dada Mahadev Mane
Add: Mukti Sankul Apartment, Phase
1, Flat No 2, Tambe Nagar, MIDC,
Baramati Dist: Pune – 413133
]
]
]
]
19. Mr. Nanasaheb Ashok Paighan
Add: Laxmi Nivas Bungalow, Mauli
Colony, Tukaram Nagar, Talwade
Village Tel: Haveli, Dist: Pune 411062
]
]
]
]
20. Mr. Rohidas Shantaram Hajare
Add: Lakshadweep Society, Sector 3,
Indrayani Nagar, Bhosari,
]
]
]
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Pune – 411026 ]
]
]
]
]
21. Mr. Sambhaji Bhikaji Chavan Add:
Swan Mills, Room No. 2003, Tokarshi
Jivraj Road, Sewri,
Mumbai – 400015
]
]
]
22. Mr. Kiran Rohidas Bhapkar
Add: Loni Bhapkar, Tel. Baramati
Dist: Pune – 413110
]
]
]
]
23. Mr. Sunil Khanderao Adke
Add: Anusaya Apartment, Flat No: 05,
Kalanagar, Nashik Road
Nashik – 422214
24. Mr. Karan Pandharinath Gaikar
Add: Jijayi Niwas, Shivaji Nagar,
Satpur, Nashik – 422007
]
]
]
25. Mr. Chandrakant Tatyaba Chahal
th
Add: Plot No 703, 7 Floor, J/1,
Iris Mohan Pride, Khadakpada,
Kalyan (W), Dist: Thane – 421301
]
]
]
]
26. Mr. Santosh Sudam Korade
Add: Bori Budruk, Tel- Junnar,
Dist- Pune 412411
]
]
]
27. Mr. Vishal Muralidhar Supekar
Add: Nighoj, ST Stand nearby,
Tal: Parner,
Dist: Ahmednagar – 414306
]
]
]
]
28. Mr. Nilesh Janardan Kumbhar
Add: Bhairav Apartment, Room No
105, Near Market Yard, Manchar
Tal: Ambegaon, Dist: Pune – 410503
]
]
]
]
29. Mr. Ravindra Barikrao Patil
Add: Plot No. 15, Shree Ram, Near
Kanya School, Laxmi Nagar, Meharun
Village, Plot No. 28, Yashwant Nagar,
Ramanandnagar,
Dist: Jalgaon – 425003
]
]
]
]
]
]
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]
]
]
30. Mr. Rupchand Ramchand Bhagwat
Add:Gavandgaon, Raste Suregaon
Yeola, Dist: Nashik – 423402
]
]
]
]
31. Mr. Mukesh Ramchandra Pardeshi
Add: Pardeshi Niwas, Giridhar Nagar,
Kongaon, Tal: Bhiwandi
Dist: Thane – 421311
]
]
]
32. Mauli Multi State Co operative Society
Ltd. Add: 3rd Floor, Business Court,
Govind Nagar, Nashik – 422009
]
]
]
]
33. Mrs. Sapna Sandeep Ambekar
Add: Mehunbare, Tal: Chalisgaon,
Dist: Jalgaon, Maharashtra,
India – 424106
34. Mr. Bhaiyyasaheb Yashwant Gujela
Add: Dhule, Tal: Dhule
Maharashtra – 424001
]
]
]
35. Mr. Rajendra Wamanrao Deshmukh
Add: Kotul, Tal: Akole,
Ahmednagar, Maharashtra,
India – 422610
]
]
]
]
36. Mr. Pravin Gangadhar Kavade
Add: Kotul, Tal: Akole
Ahmednagar, Maharashtra,
India 422610
]
]
]
]
37. Mr. Shantaram Ashok Devtarse
Add: Kanehara Vasti, Navarang, Sonai
Ahmednagar, Maharashtra,
India 414105
]
]
]
]
38. Sankalp Siddhi Products India Pvt Ltd.
rd
Add: 3 Floor, Business Court, Govind
Nagar, Nashik – 422 009
]
]
]
39. Mr. Raghuvansh Kumar Omprakash
Singh,
th
Add: Matoshree SRA, A Wing, 10
Floor, Flat No. 1004, Jerabai Wadia
Road, Parel, Bhoiwada,
Mumbai – 400012
]
]
]
]
]
]
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]
]
]
40. Mr. Prakash Appasaheb Nanaware
Add: 44, Phata, Boraste Vasti, Natepute
Malshiras, Solapur – 413107
]
]
]
]
41. Ujjvalam Agro Multistate Co.op
Directors of The Society,
rd
Add: 3 Floor, Business Court,
Govind Nagar, Nashik – 422009
]
]
]
]
42. Mr. Nitin Dhanaji Sawant
Add: A/p, Dahigaon, Natepute,
Malshiras Taluka,
Dist: Solapur – 413109
43. Mr. Javed Hanif Shaikh
Add: At post, RK Nagar, Satana Taluka
Nashik – 423301
]
]
]
44. Mr. Bilal Maniyaar,
Add: Plot No 160, Prashant Row
House, Bhadrapad Sector, New Cidco
Nashik – 422501
]
]
]
]
45. Mr. Ganesh Sonawane
Add: Swaminarayan Bungalow No 1,
Near Guru Govind Singh College
Indira Nagar, Nashik – 422009
]
]
]
]
46. Mr. Abhijeet Yerurkar
Add: Plot No 9, Aishwarya Vihar,
Anandwan Colony, Ambad Link Road,
Cidco, Nashik – 422010
]
]
]
]
47. Mr. Praful Nistane
rd
Add: Flat No 302, 3 Floor, Vinayak
Pride Apartments, Dnyaneshwar Nagar,
Pathardi Shivar, Nashik – 422010
]
]
]
]
48. Mr. Bhaiyya Dilip Ahire
Add: Padalde, Tal: Dhule
Dhule – 424002
]
]
]
49. Mr. Omnarayan Chandlal Jaiswal
Add: Jaiswal Complex, Station Road
Parali Beed – 431515
]
]
]
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]
]
]
50. Mrs. Sangita Omnarayan Jaiswal
Add: Jaiswal Complex, Station Road
Parali Beed – 431515
]
]
]
]
51. Mr. Suresh Shantaram Ghangale
Add: A/P Talegaon, Dhabade,
Near General Hospital, Maval Taluka
Pune – 410506
]
]
]
]
]
52. Mr. Omprakash Sakaraj Singh
Add: Matoshree SRA Apartment,
th
A Wing, 10 Floor, Flat No 1004,
Wadiya Road, Ulhasnagar,
Thane – 421002
53. Brijbhan Sahti Pashi
At Post, Govandi, Ulhasnagar,
Thane, Mumbai – 400043
]
]
]
54 Mrs. Sarika Bapu Sonavane
Add: Shahi Amrut Avenue A,
Prashant Nagar, Pathardi Phata
Nashik – 422010
]
]
]
]
55. Mr. Mohit Baburao Sonavane
Add: Shahi Amrut Avenue A, Prashant
Nagar, Pathardi Phata,
Nashik – 422010
]
]
]
]
56. Mr. Vinod Sayyaji Chavan
Add: Devala, Tal: Devala
Dist: Nashik – 423102
]
]
]
57. Mr. Sanjay Modekar
th
Add: Flat No 4024, 4 Floor
Sarvoday Kirti, D R Nemade Galli,
Old Dombivli, Dombivli (W) Kalyan,
Vishnu Nagar, Kalyan, Thane- 421202.
]
]
]
]
]
58. Mr. Uttam Maruti Bamane
Add: Room No. 2413, B Wing Swan
Mill, Mahada Tower Tokarshi Jivraj
Road, Sewri, Mumbai- 400015.
]
]
]
]
59. Mr. Anant Gore
Add: Sunshine Navgoan E 2 Co-
operative Society, Flat G001, Ground
]
]
]
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]
]
]
Floor, Diyas Parera Nagar,
Navgoan (W) Tel- N Vasai,
Dist- Palghar, 401207.
]
]
]
]
]
60. Mr. Kashiram Yashwant Parab
Add: Room No 301, A Wing, Shripal
Vishesh, Building No 2, Near Bharat
Gas Agency, Nalasopara,
Palghar- 401203.
]
]
]
61. Mrs. Kalawati Panchal
Add: 705 Godrage Amrad, Gaymukh
Ghodbandar, Thane (W), 400615.
62. Mr. Madhav Vinakay Jadhav
Add: C/o Balaso Rajaram Chavan
Belunkhi, Tel- Jath,
Dist- Sangli 416402
]
]
]
]
63. Mrs. Dipali Kadam
Add: Flat No. 701, Sukwani Niketan,
E Wing, Wadhire Colony No 4,
Pimpari Chichwad, Pune- 411017
]
]
]
]
64. State of Maharashtra
(Through Kolhapur Shahupuri Police
Station)
]
]
]
65. State of Maharashtra ]
(Through Mulund Police Station) ]
66. State of Maharashtra
(Through Dhule (Taluka) Police
Station)
]
]
] …Respondents
_____________________________________
Mr. Vikram Parmar i/b. Mr. Sudatta Patil for the Petitioner.
Mr. Ajay S. Patil, APP, for the Respondent -State.
Mr. P.K.Gite, API, Ulhasnagar Police Station, present.
Mr. V.V.Mhaske, PSI, Ulhasnagar Police Station, present.
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Ms. Nandini Bansode, API, EOW, Maharashtra State, Mumbai, present.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
rd
RESERVED ON : 3 September, 2026.
nd
PRONOUNCED ON : 22 October, 2026.
Judgment (Per : Kamal Khata, J) :-
1) Rule. Rule made returnable forthwith and heard finally with
the consent of the parties.
2) Petitioner is an accused in First Information Report (FIR)
registered vide C.R. No. 209 of 2019 with the Economic Offence Wing,
(EOW), Nashik. The offences registered against the Petitioner are under
Sections 406, 409, 420, 467, 468, 201, 120B, 34 of Indian Penal Code,
1860 (for short, ‘IPC’) read with Sections 3 and 4 of Maharashtra Protection
of Interest of Depositors (in Financial Establishments) Act, 1999 (for short,
‘MPID Act’) and Sections 4, 5 and 6 of the Prize Chits and Money
Circulation Schemes (Banning) Act, 1978 (for short, ‘PCMC Act’).
3) By this Petition, the Petitioner seeks clubbing of the following
ten FIRs :
Sr. FIR No. Police Station
No.
1. 59/2020 Economic Offence
Wing, Dhule
2. 109/2020 Ambad Police Station,
Nashik
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3. 156/2019 Jaikheda Police Station,
Nashik
4. 86/2019 Pathardi Police Station,
Ahilyanagar
5. 273/2020 Parali Police Station,
Beed
6. 251/2019 Phaltan Police Station,
Satara
7. 51/2020 Bhandup Police
Station, Mumbai
8. 201/2019 EOW Pune (Aalephata
P.S)
9. 16/2021 Sonai Police Station,
Ahilyanagar
10. 262/2022 Ulhasnagar Police
Station, Thane
4) Mr. Parmar, learned Advocate for the Petitioner, submitted that
the Petitioner is the Director and Promoter of the three business entities,
namely, (i) Ujjwal Agro Multi State Co-operative Society Private Limited,
(ii) Shri Mauli Multi State Credit Co-operative Society Private Limited, and
(iii) M/s Sankalp Sidhi Product Private Limited. These entities are engaged
in the business of cooperative credit societies and direct selling.
4.1) He submitted that, prior to the registration of the first FIR,
there was not even a single complaint against any of the aforesaid entities
by any customer. The complaints came to be registered at the instance of
one Ganesh Kankal, a self-proclaimed RTI activist who attempted to extort
money from the Petitioner. He was not only caught red-handed by the
police while accepting money but the police also found two pistols and 30
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live cartridges, in his possession. Offences under Sections 384, 386, 506,
170, 171 and 419 read with Section 25(3) of the Arms Act, 1959 (for short,
‘Arms Act’) were registered against him vide C.R. No. 113 of 2016.
4.2) After his release, Ganesh Kankal, seeking revenge, launched a
campaign against the Petitioner. He lodged a complaint with the
Commissioner of Police, Nashik which was eventually closed for want of
substance. He thereafter spread misinformation about the Petitioner and his
businesses, thereby creating panic amongst the customers/ account holders.
Through false representations, he alarmed some of them, into lodging
complaints, which led the EOW, Nashik to place a debit freeze on the
accounts of the afore-stated entities. The debit freeze severely hampered
the Petitioner’s business and delayed payments that had until then been
made on time. The resulting defaults escalated and gave rise to grievances
amongst customers who had previously not raised any complaints. The first
FIR being C.R. No. I-209/2019 was registered with Mumbai Naka Police
Station, Nashik and was investigated by EOW, Nashik.
4.3) Learned Advocate submitted that, although the alleged crime
amount was Rs. 5.87 crores, the Petitioner’s bank accounts, properties,
vehicles, and other assets, valued at more than Rs.40 crore, have been
attached by the Investigating Agency.
4.4) Learned Advocate submitted that, all ten FIRs rest on identical
allegations and the Petitioner has been granted either regular or
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anticipatory bail in each of them. Each FIR alleges that the Petitioner
accepted deposits from the Complainants on the promise of high returns
and after making part payments, stopped paying altogether, whereupon the
Complainants lodged the FIRs for non-repayment of their deposits.
4.5) Learned Advocate further submitted that the Petitioner has
been in custody for more than four years since the registration of the first
FIR and that, despite this, attempts continue to be made to file fresh
complaints against him. Petitioner has been subjected to multiple
prosecutions solely in his capacity as the Director and Promoter of the
aforesaid three business entities.
4.6) Learned Advocate submitted that, if the FIRs are permitted to
be prosecuted before ten different Courts, the Petitioner will have to defend
himself in each of them, although the allegation in all the FIRs is
substantially the same, namely, the role played by the Petitioner as the
Director and Promoter of the aforesaid entities. He therefore prayed that, in
the interest of justice, all the FIRs be clubbed together and tried at one
place before one Court.
4.7) In support of his contentions, learned Advocate relied upon the
1
judgments in the cases of T.T. Antony v. State of Kerala & Others ; and
2
Radhey Shyam v. State of Haryana & Ors., .
1.
(2001) 6 SCC 181
2. 2022 SCC OnLine SC 1935
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5) We have heard learned Advocate for the Petitioner, Mr. Parmar,
and learned APP for the Respondent-State and have also perused the entire
record.
6) The law on clubbing of FIRs and transferring them to a Special
Court for a common trial in offences registered under a similar scheme
floated by a particular company or a group of companies is now well
settled.
7) The Hon'ble Supreme Court in State (NCT) of Delhi v Khimji
3
Bhai Jadeja while considering the law so far, in paragraph 16, held as
under :
“In Amanat Ali v. State of Karnataka, reported in 2023 14
SCC 801 following the ratio decidendi in Amish Devgan v
Union of India reported in 2021 1 SCC 1, this Court
exercised power under Article 142 of the Constitution
and consolidated six FIRs registered in the State to be
tried together, as multiplicity of proceedings would not
be in the larger public interest or in the interest of the
State. Again, in Ravinder Singh Sidhu v. State of Punjab,
reported in 2025 SCC OnLine SC 1164 this Court
observed that it is now fairly well settled that multiplicity
of proceedings would not be in the larger public interest
and the correct course of action would be to merge the
later FIRs with the earliest FIR with the State's consent.
On the same lines, in Alok Kumar v. State of Bihar,
reported in 2025 SCC OnLine SC 1728 this Court noted
3. 2026 SCC OnLine 19
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that 81 FIRs were registered and directed the first FIR to
be treated as the main FIR and all other FIRs to be
treated as statements under Section 161 CrPC. Earlier, in
Satinder Singh Bhasin v. State of Uttar Pradesh, reported
in 2023 14 SCC 805 a 3-Judge Bench of this Court
followed the principle enunciated in Amish Devgan
(supra) and clubbed, with consent, the 118 FIRs relating
to the Bike Bot scheme registered across the State of
Uttar Pradesh and one FIR registered by the Economic
Offences Wing, New Delhi, by exercising power under
Article 142 of the Constitution. Before that, in Radhey
Shyam v. State of Haryana, reported in 2022 SCC OnLine
SC 1935 the very same 3-Judge Bench took note of
multiple FIRs in connection with a network marketing
scheme in as many as 12 States and directed the clubbing
of all the FIRs, which could thereafter proceed to one
trial as far as possible, duly noting that all the States
concerned voiced no objection to such course of action. ”
8) The aforesaid judgments’ set out the salient features that
necessitated the transfer of FIRs to a Single Court. The Hon’ble Supreme
Court in Alok Kumar (supra) has held that, the first FIR is to be treated as
the main FIR and all other FIRs to be treated as statements under Section
161 of the Code of Criminal Procedure, 1973, (for short, ‘Cr.PC’).
9) In the present case, we find that the allegations in all ten FIRs
are substantially the same. Each FIR alleges that the Petitioner accepted
deposits from the Complainants on the promise of high returns and after
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making part payments, the Petitioner stopped paying altogether, leading to
lodgment of FIRs for non-repayment of their deposits.
10) In our view, clubbing of FIRs would facilitate the efficient
administration of justice to expedite the trial of all the cases mentioned
above.
11) Following the principles laid down by the Apex Court in the
above cases, we deem it fit to allow the Petition in terms of prayer clauses
(a), (b), and (c).
12) We direct Registrar (Judicial-I) to forward a copy of this
judgment to all the Courts where charge-sheets have been filed, in order to
transfer all such cases to the Court trying the case arising out of in C.R. No.
209 of 2019 registered with Mumbai Naka Police Station, Nashik.
13) With regard to the recording of evidence of witnesses /
investors, the learned Judge of Trial Court may consider permitting them to
give evidence through video conferencing, if deemed appropriate.
13.1) In cases where witnesses remain physically present, the Court
would ensure that the witnesses are not required to repeatedly attend the
Court for recording of evidence.
14) In all cases where the witnesses are required to remain
physically present in Court, the Petitioner shall bear the expenses of all
modes of travel, food and stay (if required) to be incurred by the witnesses.
It is clarified that the Petitioner shall provide the First Class or Second Class
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Air-Conditioned train tickets, whichever is cheaper, Rs. 2,000/- per day for
food and stay in at least ‘A-Grade’ hotel.
15) The exercise of transferring the cases to the Court at Nashik
shall be completed, preferably within a period of 30 days from the date of
uploading of this Judgment on the official website of High Court of Bombay.
16) In view of this Judgment, pending Interim Application filed
therein stands disposed off.
17) Petition is accordingly allowed and Rule is made absolute in
the above terms.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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