Kaveri Vijay Pawar v. The State Of Maharashtra And Another
2025:BHC-AUG:9706 ..1..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 61 ANTICIPATORY BAIL APPLICATION NO. 2211 OF 2024 KAVERI VIJAY PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Yogesh B. Bolkar APP for Respondent Nos. 1 and 2 : Ms. Neha B. Kamble Advocate for Assist to PP : Mr. P. B. Kulkarni h/f. Mr. M. D. Narwadkar ...
WITH CRIMINAL APPLICATION NO. 323 OF 2025 IN ABA/2211/2024 EQUITAS SMALL FINANCE BANK THROUGH OFFICER SAGAR VINOD AGRAWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Mr. P. B. Kulkarni h/f. Mr. M. D. Narwadkar APP for Respondent Nos. 1 and 2 : Ms. Neha B. Kamble ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 01.04.2025 PER COURT :
1.
This Court by order dated 31.12.2024 granted interim protection to the applicant noticing the submissions in paragraph nos. 4, 5 and 6 : "The learned counsel for the applicant submits that the applicant is neither the borrower nor the co-borrower with
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respect to loan availed from Equitas Small Finance Bank Limited. The name of applicant is implicated only because she has signed promissory note in connection with the loan of her husband Vijay Prakash Pawar. It is submitted that the necessary requirement of deposit of title documents of the property and execution of mortgage deed will have to be performed by the applicant and therefore this applicant needs to be protected by granting interim anticipatory bail.
5.
Learned AGP Mr. V. S. Badakh opposes the application and submits that the applicant has signed the promissory note and has not co-operated in the deposit of title documents of the property and execution of mortgage deed.
6.
Perused the FIR and the copy of sanction letter. The sanction letter shows the name of Vijay Prakash Pawar as applicant and Prakash Govind Pawar as co-applicant. The insistence for deposit of title documents and execution of mortgage deed cannot be made as against the applicant..........
2.
The learned counsel appearing for the applicant submits that the the husband of the applicant has closed the loan account by paying the entire outstanding amount.
3.
The learned counsel appearing for the respondent bank submits that outstanding amounts are paid.
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4.
In view of the above, the interim protection granted by order dated 31.12.2024, 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. 5.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 6.
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 this order.
7.
Criminal Application No. 323 of 2025 for assist to Public Prosecutor is allowed.
( ARUN R. PEDNEKER ) JUDGE shp/-