Salim Nijam Alatekar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2403 OF 2025 Salim Nijam Alatekar ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ramanik P. Pawar a/w Mr. Amit Waykool, Mr. Dinsesh S. Sonarlikar, Mr. Parvez Nadaf Advocate for the Applicant. Mr. P. P. Deokar, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

12th DECEMBER 2025 P.C.

1.

The Applicant is apprehending arrest in Crime No.332 of 2025 registered with Jaisingpur Police Station, Dist. Kolhapur for the offences punishable under Sections 318(4), 318(2), 316(2), 316(5) of the Bhartiya Nyaya Sanhita, 2023 (for Short "BNS") and Sections 3 & 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

2.

It is prosecution's case that the applicant and co-accused instigated the first informant and other investors to invest the amount in ayurvedic product company i.e. VBSL India Private Ltd. But after Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.16 11:43:01 +0530 SAJAKALI LIYAKAT JAMADAR

investing the amount, the first informant and investors did not receive their amount invested back.

3.

It is contention of learned counsel for applicant that there are no specific allegations against the applicant in FIR. The only allegation against the applicant is that he was present at the time of opening ceremony of one branch of the said company. There are no statements of witnesses to show that the applicant persuaded them to invest the amount in the said company. Considering the allegations against the applicant, his custodial interrogation is not required. Hence, requested to allow the application.

4.

It is contention of learned APP that the applicant was present at the time of opening ceremony of one branch of the said company. He was actively involved in the said fraud. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. It appears that the applicant was present at the opening ceremony of one of the branch of said company. Except that, no documents produced on record to show that the applicant had instigated the investors to deposit the amount in the said company. Considering these facts, his custodial interrogation is not required. Hence, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.332 of 2025 registered with Jaisingpur Police Station, Dist. Kolhapur, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

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