Atul Radhakishan Burrewar And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

915 ANTICIPATORY BAIL APPLICATION NO. 1380 OF 2023 1.

Atul Radhakishan Burrewar 2.

Preeti Rahul Burrewar ..Applicants

VERSUS

The State of Maharashtra and Another ..Respondents .....

Shri. Nilesh S. Ghanekar, Advocate for the Applicants Shri. M. K. Goyanka, APP for the Respondent - State. Shri. S. L. Baswe, the learned Advocate for Assist to P.P. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

SEPTEMBER 20, 2025 PER COURT :- .

The Applicants are apprehending arrest in Crime No.0056/2023 registered with Bhagyanagar Police Station, Dist. Nanded for the offence punishable under Section 420 r/w. Sec. 34 fo the Indian Penal Code (for short, 'IPC') and therefore, the Applicants have filed this Application for Pre-arrest Bail.

2.

Heard the learned Advocate for the Applicants, the learned APP for the State and the learned Advocate for the Informant. Perused the Papers on record.

3.

The case of the Prosecution is that, in September - 2018 the advertisement was published in the daily newspaper for the Aviation Course and assured placement. The Informant and other young persons responded to the said advertisement and contacted the office of the

Institute which was at Nanded. They took admission in the said Institute for the said Aviation Course and paid the required fees between Rs.1.5 Lakh to Rs.2.5 Lakh. The admitted students were given in-house training for a period of Nine (9) Months and thereafter, they were sent to Hyderabad for three (3) Months outdoor training. However, after a period of one (1) month, the Director, by name, Sourav Sangewar called back the students from Hyderabad and informed that the training was complete. Meanwhile, the lock-down was imposed on account of COVID-19 pandemic. As the students did not get the placement, they contacted the office of the said Institute and demanded money back. The Director Sourav Sangewar issued the cheques to the students which came to be dishonoured. Eventually, the students filed the said FIR that they were cheated.

4.

It is submitted by the learned Advocate for the Applicants that, three (3) of the Female Directors of the Aviation Institute are granted Anticipatory Bail by the learned Sessions Court. The Chairman of the Institute - Sourav Sangewar is released on bail by the Sessions Court. The Applicant was never the Director of the said Institute and had no role to play in the functioning of the Institute. Being the responsible persons and to attract the students, the Applicants' names were shown as the Directors in the brochure of the Aviation Institute. Even accepting the FIR, the offence of cheating cannot be attracted against the Applicants. The Applicants were protected by the Interim Order dated

22.08.2023 and they abided by the conditions therein. He submitted that, the Application be allowed and the Interim Protection be confirmed.

5.

The Application is opposed by the learned APP appearing for the State. He submits that, the Applicants were the Directors of the said Aviation Institute and their names are shown on the brochure of the said Institute. False promise was given to the students in respect of placement, however no jobs were provided to the students who took admission. He submits that, the offence of cheating is made out and therefore, the Application be rejected.

6.

It is submitted by the learned Advocate for the Informant that, this Court has cancelled the Bail of the Chairman - Sourav Sangewar which was granted by the learned Sessions Court. The Applicants names are shown as Directors of the said Aviation Institute. The Informant and the students are cheated and when they went to demand their fees, the Chairman - Sourav Ganjewar and others threatened them. The other Accused are absconding and considering the nature of offence, the Application be rejected.

7.

From the copy of the Order dated 12.09.2025 passed in Application for Cancellation of Bail No.20 of 2024, it is clear that this Court has cancelled the Bail granted by the learned Additional Sessions Judge to Accused No.1 - Chairman Sourav Sangewar on the ground that the said Institute was not registered with the Ministry of the Aviation

and Tourism Department and on the ground of influencing the Informant. The copy of brochure of the said Aviation Institute shows the name of the Applicants as the Directors. However, the copy of the declaration submitted for registration of the said Aviation Institute do not show the Applicants names as the Office bearer or Director of the said Aviation Institute. From the FIR itself, it is the case of the Informant that, in-house training was completed and the students were sent to Hyderabad for outdoor training. It is clear that, since the students did not get the job, they demanded the fees back. Three (3) of the Directors of the said Aviation Institute are granted Anticipatory Bail by the learned Additional Sessions Judge on the ground that their direct involvement was not seen. The Applicants were protected by the Interim Order on certain conditions. It is nobodies case that the Applicants have flouted the conditions. On the ground of parity and above aspects, I am inclined to confirm the said Interim Protection. Hence, the order.

O R D E R

i) Interim Order dated 22.08.2023 is confirmed on the same terms and conditions.

ii) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 20/09/2025 18:26:41