Mr. Datta Mangaram Chavhan And Others. v. The State Of Maharashtra, Thr. Khadan Police Station And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.512 OF 2025 (Mr. Datta Mangaram Chavhan and ors. Vs. The State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. P. Mirza, Advocate a/w A. Shrivastava, Advocate for the applicants.

Mr. V.A. Thakare, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 30, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.330/2025 registered with Police Station Khadan, District Akola for the offence punishable under Sections 406, 420, 506 read with Section 34 of Indian Penal Code, 1860, the applicants approached this court for grant of pre-arrest bail. 2.

Learned Counsel for the applicants submitted that the crime is registered on the basis of a report lodged by Aatmaram Amarsingh Rathod, alleging that one Avinash Arjun Rathod and his wife, who run a company named APS Wealth Ventures, along with the present applicants, induced him and other investors to invest money by promising handsome returns. However, instead of receiving returns, the complainant claims to have lost the invested amount. On the basis of the said report, police have registered the crime against the present applicants.

3.

Learned Counsel further submitted that as far as applicant No. 2 - Mrs. Asha Datta Chavhan, applicant No. 4 - Khushboo Pranay Pawar, and applicant No.6- Smt. Rukhmina Arujn Rathod, are concerned, they have nothing to do with this inducement and general allegations are levelled against them. As far as their custodial interrogation is concerned, which is not required. In view of that, they be protected by granting anticipatory bail. He also submitted that the allegations levelled against the other applicants are also of a general nature. As far as their custodial interrogation is concerned, which is not required. In view of that, they be protected by granting anticipatory bail.

4.

Learned APP strongly opposed the said application and submitted that the application of the other co-accused is already rejected. As far as applicant No. 1 - Mr. Datta Mangaram Chavhan, Applicant No.3 - Mr. Pranay Pawar, and Applicant No.5 - Ashutosh Datta Chavan are concerned, there are specific allegations against them, and therefore, at this stage, the application deserves to be rejected.

5.

On hearing both sides and on perusal of the recitals of the FIR, it reveals that as far as the applicant No.2 - Mrs. Asha Datta Chavhan, applicant No. 4 - Mrs. Khushboo Pranay Pawar, and applicant No. 6 - Smt. Rukhmina Arjun Rathod are concerned, general

allegations are levelled against them, their immediate custodial interrogation is not required. On perusal of the investigation papers it reveals that the applicant No. 1 - Mr. Datta Mangaram Chavhan, Applicant No.3 - Mr. Pranay Pawar, and Applicant No.5 - Ashutosh Datta Chavan against whom also the allegations to the extent of inducement are there. As far as their custodial interrogation is concerned which is not required. In vie of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

(i) The application is allowed.

(ii) In the event of the arrest, the applicants namely - applicant No. 1 - Mr. Datta Mangaram Chavhan, applicant No.2 - Mrs. Asha Datta Chavhan, applicant No.3 - Mr. Pranay Pawar, applicant No. 4 - Mrs. Khushboo Pranay Pawar, applicant No.5 - Mr.

Ashutosh Datta Chavan and applicant No. 6 - Smt. Rukhmina Arjun Rathod in connection with Crime No.330/2025 registered with Police Station Khadan, District Akola for the offence punishable under Sections 406, 420, 506 read with Section 34 of Indian Penal Code, 1860, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each

in the like amount.

(iii) Applicant Nos.1, 3 and 5 shall attend the concerned police station once in a week i.e. on every Sunday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.

(iv) All the applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

6.

The contravention of any of the condition would lead to the cancellation of bail.

7.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya