Abhijit Chandrakant Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2444 OF 2025 Abhijit Chandrakant Shinde ....Applicant Vs.

The State of Maharashtra ....Respondent .....

Mr. Ranjeet M. Pawar (through VC) for the applicant Mr. A. S. Shalgaonkar, APP for the Respondent-State. Mr. S.S. Kadam (Police Havaldar) Bhuinj Police Station, Satara, present.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

24th NOVEMBER 2025 P.C.

1.

The applicant is apprehending arrest in Crime No.230 of 2025 registered with Bhuinj Police Station, Dist. Satara for the offences punishable under Sections 420, 409 of the Indian Penal Code.

2.

It is prosecution's case that the applicant was working as Postal Branch Manager, Chandak Branch at Kenjal, Taluka Wai, Dist. Satara. It is alleged that he has accepted the amount of Rs.59,000/- from the account holder. He has shown the said amount in the passbook entry of the account holder but has not deposited the said Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.25 19:50:14 +0530 SAJAKALI LIYAKAT JAMADAR

amount with the post or government and had misappropriated the said amount.

3.

It is contention of learned counsel for applicant that the incident of misappropriation was revealed in the year 2023, whereas the offence is registered in the year 2025. The applicant has deposited entire alleged misappropriated amount along with accrued interest with the post office. The departmental inquiry of the applicant is concluded and he has been suspended. Considering these facts custodial interrogation of the applicant is not required and requested to allow the application.

4.

It is contention of learned APP that applicant has misappropriated the amount for personal use. The applicant has been suspended after departmental inquiry, which shows his involvement in the crime. The investigation is in progress. Hence, custodial interrogation of the applicant is required and requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. In the FIR it is mentioned that the incident of misappropriation came to know in June-2023 and the offence is registered on 24th July, 2025 i.e. after two years. There is no explanation for delay of two years. The applicant has deposited

entire misappropriated amount along with interest. The departmental inquiry of the applicant is concluded and he has been suspended. Considering these facts, his custodial interrogation is not required. Hence, I pass the following order.

ORDER

(i) The Application is allowed;

(ii) In the event of arrest, the applicant be enlarged on bail in Crime No.230 of 2025 registered with Bhuinj Police Station, Dist. Satara, 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.)