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Bombay High CourtABA/2124/2024allowed

Sanjay Ram Sailkar And ANR. v. State Of Maharashtra

2025-03-17Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2124 OF 2024 Sanjay Ram Sailkar And Anr.

...Applicants

Versus

State Of Maharashtra

...Respondent

____________________________________ Adv. Madhukar P. Dalvi a/w. Adv. Shivam S. Dube, Advocate for the Applicants.

Mr. Amit A. Palkar, APP for the State.

Mr. Ashwin Kapadnis, Advocate for Respondent No.2. Mr. Pankaj Dhadge, PI, Nerul Police Station, Navi Mumbai present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 17 MARCH 2025 P.C.:

1.

The learned Advocate for the applicants submits that though the informant has referred to a sum of Rs.45,00,000/- being paid to the applicants, this amount was actually paid over the period from 1 May 2022 to 29 March 2024. He submits that out of this total amount, a sum of Rs.33,46,053/- was credited to the account of applicant no. 2, while a sum of Rs.13,23,260/- was credited to the account of applicant no. 1. 2.

He further submits that, although the informant has produced a letter indicating that the applicants were appointed as employees, of the informant. The applicant no. 1 was, in fact, closely associated with

the informant as a close friend. He submits that applicant no. 1 was actively involved in managing the informant's business and in addition was also overseeing the businesses of a few other individuals in Kagal, Kolhapur.

3.

With regard to the rent of the premises and other expenses, including the emoluments of eight workers, he submits that these costs were borne by the applicants. He further submits that the amounts paid by the informant were, in fact, utilized for the purpose of preparing furniture for the informant's clients.

4.

The learned Advocate for the informant submits that, as far as the outgoings of the premises are concerned, the payments were always made by the informant.

5.

The learned APP submits that the concerned Investigating Officer has consulted the Chartered Accountant of the informant to understand the transactions related to payments made to the applicants. He submits that, as per the chart, an online payment of Rs.26,49,691/- has been received by the applicants and the wife of applicant no. 1. Additionally, a cash amount of Rs.13,92,600/- has been received by the applicants. 6.

He further submits that the total amount recoverable from the applicants would be Rs.1,45,70,295/-.

7.

Upon an enquiry raised by the Court regarding whether the

applicants without admitting the guilt, to who their bonafides are willing to deposit any amount with this Court concerning the monies received by them from various customers of the informant, the learned Advocate for the applicants sought a short accommodation until tomorrow.

8.

Stand over to 18 March 2025.

9.

Ad-interim relief granted earlier to continue till the next date of the hearing.

(RAJESH S. PATIL, J.)