Hanumant Maruti Sule And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1726 OF 2025 Hanumant Maruti Sule And Anr ...Applicants

Versus

State Of Maharashtra

...Respondents

Mr. Bhalchandra Shinde for the applicants Mr. Ranjeet Patil for respondent no. 2 Mr. Anand S. Shalgaonkar APP for the State

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

23rd DECEMBER, 2025 P.C.

IRESH MASHAL 1.

Applicants are apprehending arrest in C.R. No. 193 of 2025 Digitally signed by IRESH MASHAL Date:

2025.12.24 20:33:39 +0530 registered with Malshiras Police Station, District: Solapur for offences punishable under Sections 318(4), 316(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 2.

It is the prosecution's case that the applicants lured the first informant to invest the amount in their company with assurance of handsome returns. It is alleged that as per the say of the applicants, the first informant invested amount of Rs. 60,62,000/- with applicants' company, but he did not get his amount nor returns on it. To show bonafides, the applicants have deposited Rs. 12,45,000/- before the Trial Court and Rs. 30,98,000/- is seized by the police and

Rs. 15,19,000/- is already given to the first informant. Considering the allegations against the applicants, their custodial interrogation is not required. Hence, requested to allow the application. 3.

It is contention of learned APP alongwith learned counsel respondent no. 2 that applicants have cheated the first informant. The first informant had obtained loan from the bank and deposited the amount with the applicants' company. Considering the allegations against the applicants, their custodial interrogation is required. Hence, requested to reject the application.

Learned counsel for respondent no. 2 further submitted that the first informant be permitted to file the application for withdrawal of the amount before the Trial Court. Learned counsel for the applicants on instructions submits that applicants have no objection for withdrawal of the amount of Rs. 21,00,000/- out of the seized and deposited amount.

4.

I have heard all the learned counsels, perused F.I.R. and documents produced on record. The applicants have no objection for withdrawal of Rs. 21,00,000/- out of the seized and deposited amount. The entire fraud amount has been deposited. Considering these facts, custodial interrogation of the applicants is not required and I pass following order:

O R D E R

I.

Application is allowed.

II.

In the event of arrest, applicants be enlarged on bail in C.R. No. 193 of 2025 registered with Malshiras Police Station, District: Solapur on furnishing P.R. Bond in the sum of Rs. 20,000/- each with one or two sureties in the like amount.

III.

The applicants shall attend the concerned police station as and when required.

IV.

The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

V.

The first informant is permitted to file application for withdrawal of amount before the Trial Court.

VI.

Application is disposed off in above terms. All contentions of parties are kept open.

VII.

All concerned to act on authenticated copy of this order. (SHIVKUMAR DIGE, J.)