Pritam Deshbhushan Deshmane v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 655 OF 2024 Pritam Deshbhushan Deshmane .... Applicant

Versus

The State of Maharashtra .... Respondent ______ YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2024.03.11 15:34:24 +0530 Mr. Sagar Redkar a/w Aditya S. Raktade, Sumit Vhabatte, Anup Kamble, for the applicant.

Ms. Rajeshree V. Newton, APP for the State/Respondent. Mr. Karan Vishwajit Mertia a/w Prajakta P. Tawde for the Complainant.

______ CORAM :SARANG V. KOTWAL, J.

DATE : 7th MARCH, 2024 P.C. :

1.

The Applicnt is seeking anticipatory bail in connection with C.R. No. 90 of 2024 registered at Kasturba Marg Police Station, Mumbai, on 31/01/2024 under sections 406, 409, 420 r/w 34 of the Indian Penal Code.

2.

Heard Sagar Redkar, learned counsel for the Applicant, Ms. Rajeshree Newton, learned APP for the Respondent-State and Mr. Mertia, learned counsel for the first informant.

3.

The FIR is lodged by one Minal Seth on 31/01/2024 . She has stated that in the year 2022, her religious Guru introduced her to the Applicant, his father and one Nerlikar. He told the informant that the Applicant's father and Nerlikar were big investors and they had good business in Forex Trading. On his recommendation, the informant deposited Rs. 72,50,000/- on different occasions in the bank accounts of the Applicant's father, the Applicant and Nerlikar . The allegations are that her investment was misappropriated and nothing was returned to her. As far as the present Applicant is concerned, the allegations are that he has received Rs. 20 lakhs on 31/06/2022. That amount is misappropriated.

4.

Learned counsel for the Applicant submitted that the entire investment was given to his father and Nerlikar. The Applicant was residing separately from his father. He is not connected with their business. He is added as the accused because of the act of his father. He submitted that the amount which he received from the informant in his bank account was forwarded to different persons at the instance of his father. He is not aware of

what happened to that amount.

5.

Learned counsel for the First informant submitted that at least for Rs. 20 lakhs, the Applicant is directly responsible and the offence of misappropriation of that amount is made out against him.

6.

Learned APP submitted that the investigation is still going on and the investigating agency has to still record statements of the witnesses in whose bank accounts the Applicant has forwarded the amount which he has received in his bank account. She is seeking adjournment.

7.

Considering all these submissions, as of today, the Applicant can be protected by way of ad interim relief till the next date. He will have to co-operate with the investigation. Hence the following order.

O RDER (i) In the event of his arrest in connection with C.R. No. 90 of 2024 registered at Kasturba Marg Police Station, Mumbai, till the next date, the

Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 16/04/2024.

(iii) The Applicant shall attend the concerned Police Station from 19th March 2024 to 21st March 2024 between 1.00 p.m. to 5.00 p.m. and thereafter as and when called and shall cooperate with the investigation.

(iv) Stand over to 16/04/2024.

(SARANG V. KOTWAL, J.)