Kedarnath Ramnaji Budhwant v. Manoj Dashrath Chavan And Another
2025:BHC-AUG:9838
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLN NO.58 OF 2025 MANOJ DASHRATH CHAVAN
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER ...
Advocate for Applicant : Mr.D.S.Patil APP for Respondent-State : Mr.S.P.Sonpawale Advocate for Assist to P.P. : Mr.K.P.Rathod ...
WITH CRIMINAL APPLICATION NO. 1209 OF 2025 IN ABA/58/2025 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 02.04.2025 P.C. :
1] Heard. For the reasons stated in Criminal Application no.1209 of 2025 for assisting to P.P., the same is allowed. Criminal Application is disposed of accordingly. 2] Heard learned counsel for the applicant, the learned APP for the respondent-State and learned counsel for assist to P.P.
3] The applicant is apprehending arrest in connection with Crime No.1015/2024, registered with Sadar Bazar Police Station, Jalna, Dist. Jalna, for the offence punishable under Section 3 (5), 318 (4), 351 (2) of
the BNS and u/s. 3, 4 and 5 of the Maharashtra Protection of Interest of Depositors Act, 1999.
4] The learned counsel for the applicant submits that the applicant is a Branch Manager of the Bank at Jalna. He further submits that apart from this, there are general allegations that the applicant has instigated the customer to deposit the money in his bank and there is no other allegation as regards that the applicant has taken any benefits from any illegal transactions. He further submits that the transaction has not shown that the applicant has taken any benefit of the same and loans were given by the applicant without security. He further submits that this Court, by order dated 03.02.2025 in ABA No.09/2025, has granted anticipatory bail in favour of applicant therein i.e. Chief Executive Officer in similar fact situation. He further submits that this Court, by order dated 21.01.2025, has granted interim protection in favour of the present applicant and in terms of the said order, the applicant has cooperated with the investigation. Therefore, further custodial interrogation of the applicant is not required merely being a Manager in a particular Bank.
5] The learned APP submits that the applicant has instigated the customers to deposit the amount in his bank and assures the customers that they will get 13% interest on the said amount.
6] The applicant, being a Manager, would do his job of attracting the customer to deposit the money in his bank. However, prima facie the applicant has not participated in sanctioning the loans without security and the applicant has not taken any benefit from the same, so also, considering that this Court, by order dated 03.02.2025 in ABA No.09/2025, has granted anticipatory bail in favour of applicant therein i.e. Chief Executive Officer in similar fact situation, the interim protection granted by order dated 21.01.2025 stands confirmed, in the following terms : i] The applicant shall attend the concerned police station as and when required by the investigating officer.
ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC