Reshma Babaso Nadaf v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1742 OF 2023 Reshma Babaso Nadaf ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

__________ Mr. Ganesh Gole a/w Mr. Aarif Ali M. Ali, learned Advocate for the Applicant.

Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent. HC-911 Mr. Vijay D. Kale attached to EOW, Kolhapur is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

20th JUNE 2025.

P.C. :

1.

Heard Mr. Ganesh Gole, learned Advocate for the Applicant and Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 168 of 2022 registered with Radhanagari Police Station at Kolhapur for the offence punishable under Sections 420, 406 read with 34 of the Indian Penal Code, 1860 ("IPC" for short), Section 3 of Maharashtra Protection of Interest of depositors (In Financial Establishments) Act, 1999 ("MPID" for short) and Sections 21(1), 21(2) and 21(3) of the Banning of In-regulated

Deposit Scheme Act.

3.

Mr. Ganesh Gole, learned Advocate for the Applicant states that the said crime is registered as Special Case No. 64 of 2023, which is pending on the file of Additional Sessions Judge, Kolhapur.

4.

Case of the prosecution is that the Accused arrayed in the crime, have in the name of the said Company known as 'Unique Final Company at Delhi', collected various deposits and investments on the promise of returning the same with high returns. Various investors have invested the amount in the said Company through the persons associated with the Company. Though the amounts/deposits were received by the said Company and the persons associated with the Company, the amounts have not been returned, as such the abovesaid crime. 5.

There are 11 Accused in the present crime. Applicant is Accused No. 1 in the said crime.

6.

After having heard the matter for sometime and this Court expressed its view of not being inclined to grant bail to the Applicant, Mr. Ganesh Gole, learned Advocate for the Applicant on instructions from the Applicant, craves leave to withdraw the present Bail Application by seeking liberty to apply after sometime. 7.

Ms. Anamica Malhotra, learned A.P.P. for the State/Respondent submits that the investigation in the present crime, as regards some of the Accused, is still pending and release of the Applicant would cause hurdle in the investigation. She does

not object for withdrawal of the present Bail Application and for grant of the liberty to the Applicant to apply for bail afresh after sometime. She submits that in the meantime the investigation would also progress further.

8.

In view of the statement made by Mr. Ganesh Gole, learned Advocate, on instructions of the Applicant, leave granted to withdraw the present Bail Application with liberty to apply after a period of six months from today before the learned Trial Court. If such Application is filed, then the same will be considered on its own merits and in accordance with law.

9.

All contentions of the Applicant are kept open. 10.

In view of the above, Criminal Bail Application No. 1742 of 2023 is dismissed as withdrawn with liberty as prayed. [ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.06.21 17:23:15 +0530 GITALAXMI KRISHNA KOTAWADEKAR