Manjudevi Harimohan Prasad And ORS. v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 890 OF 2021

1. Manjudevi Harimohan Prasad

2. Ramchandra Annasaheb Tambile } ..Applicants V/S.

1. The State of Maharashtra

2. Mahadeo Pandharinath Salve } ..Respondents Mr. Chaitanya Pendse, for the Appellant.

Mr. Kiran C. Shinde, APP for State-Respondent. Mr. Misal, P.I., EOW, Pimpri Chinchwad present. CORAM : SANDEEP V. MARNE, J.

Dated : 15 APRIL 2024.

P.C. :

1) By this Application, the Applicants seek pre-arrest bail in connection with C.R. No.18/2021 lodged against them with Chinchwad Police Station for the ofences punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code. 2) Mr. Pendse, the learned counsel appearing for the Applicants would submit that Applicants are mere guarantors to the loan availed by Mr. Baban Nivrutti Chavan and Mrs. Vandana Baban Chavan on behalf of their business entities, viz. M/s. Indian Engineering Industries and M/s. Nesh Lib Technoreal. Mr. Pendse, would submit that Applicants have admittedly not

played any role in sanction or disbursal of credit facilities to the said two entities. He would take me through the contents of the FIR to demonstrate that no particular role is assigned to the Applicants with regard to the sanction or disbursal of credit facilities to the said two entities. 3) It appears that the Applicants are on interim protection granted by this Court since 25 March 2021.

4) The main accusations in the FIR are against Mr. Baban Nivrutti Chavan, Mrs. Vandana Baban Chavan, directors and employees of the Bank. Mr. Pendse, would submit that the Applicants have cooperated in the investigations as and when requisitioned by the Investigating Ofcer. He would submit that the Applicants are willing to cooperate with further investigations as and when called by the Investigating Ofcer.

5) Mr. Shinde, the learned APP would submit that though custodial interrogation of the Applicants may not be necessary on account of the role attributed to them as guarantors to the loan transactions, the Investigating Ofcer would need presence of the Applicants for completion of the investigations and for fling of the chargesheet. Since Mr. Pendse, has shown willingness on behalf of the Applicants to remain present before the Investigating Ofcer as and when called. In my view, the interim protection granted in favour of the Applicants can be made absolute.

6) The Anticipatory Bail Application is accordingly allowed by making interim protection granted on 25 March 2021 absolute. Applicants shall remain present before the Investigating Ofcer and shall cooperate for completion of the investigations as and when called in the police Station. The Anticipatory Bail Application is accordingly allowed and disposed of.

[SANDEEP V. MARNE, J.] NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2024.04.16 15:11:28 +0530