Mahesh Raghunath Jawale And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:30331 {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1567 OF 2025 Mahesh Raghunath Jawale And Another ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent .....

Advocate for Applicant : Mr. Deshmukh Himmatsinh D APP for Respondents: Mrs. P.J. Bharad.

CORAM : MEHROZ K. PATHAN, J.

DATE : 4th NOVEMBER, 2025.

P.C. :- 1.

The applicant is seeking his release on anticipatory bail in connection with crime No. 0768 of 2025, registered with MIDC, Waluj Police Station, District Chhatrapati Sambhaji Nagar for the offences punishable under Sections 316-2 r/w 3-5 of the Bhartiya Nyaya Sanhita. 2.

The informant is the Manager of the Sudarshan Saur Shakti Private Limited from last 25 years. The company is engaged in the business of manufacturing of Solar Panel and equipments. It is alleged that both the applicants were working in the Sales and Marketing Department from last 15 years. It is alleged that during the period from 27.4.2024 to 28.7.2024, posing themselves as dealers of the company, the applicants had embezzled the amount of Rs. 14 Lakhs by depositing the same in the account of SM Power Solutions for their own benefits. 3.

The learned counsel for the applicant submits that the FIR is an outcome of some misunderstanding and during the intervening period the good sense has prevailed and the matter is settled as such, the

{2} informant, himself is not opposing for grant of interim relief. 4.

Learned APP, on the other hand submits that the offence is non compoundable and as such, any such compromise cannot be allowed as deeper investigation is required in the matter of criminal misappropriation.

5.

Mr. Ravindra Kulkarni, Advocate appearing for the General Manager of Sudarshan Saur Shakti Pvt. Limited has informed that the applicants have tendered their apology and have undertaken not to repeat or use money of the company and bring disrepute to the company in any manner.

6.

I have gone through the FIR. The allegations appear to be the outcome of some misunderstanding between the employees and management of Sudarshan Saur Shakti Pvt. Ltd, where the applicants were the erstwhile employees and as such, now, looking to the application which is tendered by the applicants' relatives to the Company stating about the unconditional apology for any such allegations of misappropriation are regretted by them and the applicants have undertaken not to repeat such mistakes, I am inclined to protect the present applicants, till the completion of investigation. Hence, the following order :-

O R D E R

[I] In the event of arrest of the present applicants in connection with Crime No.0768 of 2025, registered with MIDC, Waluj Police Station, District Chhatrapati Sambhaji Nagar for the offences punishable under Sections 316-2 r/w 3-5 of the Bhartiya Nyaya Sanhita. the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rs. 50,000/- each, with one or more sureties in the like amount. [ii] The applicants shall attend the Investigating Officer of as

{3} and when called.

[iii] The applicants shall not tamper with the prosecution evidence; and shall not influence the witnesses. [iv] The applicants shall submit their Aadhar and Pan Card to the Investigation Officer.

[v] The application is disposed of.

[MEHROZ K. PATHAN] JUDGE.

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