Tanmay Sharma v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1220 OF 2024 Tanmay Sharma .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Anil G. Lalla, Advocate a/w. Aryan K. Kotwal i/b. Lalla & Lalla for the Applicant.

Ms. Pallavi N. Dabholkar, APP for the Respondent-State. Mr. Chaitanya Nikte, Advocate i/b. Ashish P. Agarkar a/w. Abid Mulani for the orig.complainant.

----- CORAM : SARANG V. KOTWAL, J.

DATE : 03rd MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.829/2023 registered with Yerwada Police Station, Pune on 10.12.2023 under Sections 403, 406, 415, 420, 500 read with 34 of IPC.

2.

Heard Mr. Anil Lalla, learned counsel for the Applicant, Ms. Pallavi Dabholkar, learned APP for the Respondent-State and Mr. Chaitanya Nikte, learned counsel for the orig.complainant.

Deshmane(PS)

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3.

The FIR is lodged by one Purnima Kothari. She has stated that she was a teacher teaching eleven Foreign Languages. Her son Chirag had an institute by the name I.T. School. Said institute is looked after by the informant and her son Chirag. In 2016, they met the main accused Shefali who was the Principal of C.P. Goenka International School, Shastri Nagar, Yerwada, Pune. The informant had agreement with that school from 2016-2018 for teaching French. During that period, the informant and her son got acquainted better with the main accused Shefali. In the year 2019, the said accused Shefali and the present Applicant came to the informant's office. It is mentioned in the FIR that Shefali introduced the present Applicant as her husband. They told the informant that C.P.

Goenka International School was shifted to Wagholi because of inadequacy of premises. The main accused further told her that she had a trust by the name Ayushmati Trust and she was a Trustee. She suggested that they can start a new high school on behalf of the Trust by the name Canary High International School.

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and the profit could be shared 50-50 between them. The FIR goes on to mention that the informant invested the amount initially but she was not given the accounts. They decided to form Anthino Education LLP in Partnership, of which Shefali, the present informant and her son Chirag became the Partners. It is alleged that the informant went on investing her money. She invested about Rs.1.17 Crores but she was not given any returns on her investment. She came to know that the said school did not have the requisite permissions. Shefali and the Applicant told her that they would look for different investors and would return the informant's investment. However, nothing was done. The informant realized that she was cheated and, therefore, this FIR is lodged.

4.

Learned counsel for the Applicant submitted that the Applicant is not the husband of Shefali. Her husband is Rohit Bhargav.. The FIR at some places mentions her name as Shefali Tiwari Bhargav.. He further submits that the Applicant himself has invested around Rs.16 Lakhs in the said school through Ayushmati Trust and in return of his investment he was paid Rs.8 Lakhs through Ayushmati Trust. Beyond that he has

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no financial transaction. Learned counsel submitted that the Applicant is a retired Officer from Indian Air Force. He has not committed any offence. The dispute is between Shefali and the informant.

5.

Learned APP relied on certain bank entries which show that Rs.8 Lakhs were paid in the account of the present Applicant from the said Trust. She submitted that the Applicant is the Vice-Chairman of the said Trust and, therefore, he cannot claim total ignorance from this transaction. He is also a signatory as a witness to the formation of the Partnership. She, therefore, submitted that the Applicant is involved in this offence.

6.

I have considered these submissions. The Applicant has raised a defence that he was an investor and has invested at least Rs.16 Lakhs in the school through Ayushmati Trust. The investigating agency will have to verify his claim and will have to show as to how much amount, if at all, he has taken in this transaction and as to whether he is a beneficiary. In this view of the matter, as of today the Applicant can be protected by way

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of ad-interim relief till the next date with directions to him to attend the concerned police station.

7.

Hence, the following order:

O R D E R

(i) In the event of his arrest in connection with C.R.No.829/2023 registered with Yerwada Police Station, Pune, till the next date, the Applicant be released on bail on his executing P.R. 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 28.6.2024.

(iii) The Applicant shall attend the concerned Police Station on 14th, 15th and 16th May, 2024 between 1:00 p.m. to 5:00 p.m. and thereafter as and when called. The Applicant shall cooperate with the investigation. (iv) Stand over to 28.6.2024.

(SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2024.05.07 15:08:58 +0530