Kaluram Pandit Mohite v. State Of Maharashtra

by MULEY SHUBHAM PRAVINRAO Date:

2025.10.09 17:35:16 +0530 MULEY SHUBHAM PRAVINRAO 1 36-ABA-2946-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2946 OF 2024 Kaluram Pandit Mohite ...Applicant

Versus

State of Maharashtra

...Respondent

----------------- Mr. Prasanna K. Shahane for the Applicant.

Ms. Supriya Kak, APP for the State.

Mr. M. M. Garad, PSI, Khed Police Station, Pune is present. ----------------- CORAM : ADVAIT M. SETHNA, J.

DATE : 6 OCTOBER 2025 P.C.:- 1.

Heard learned counsel for the parties. With their assistance, I have perused the record.

2.

At the very outset, the parties have drawn the attention of this Court to the order dated 12 November 2024 which is a detailed order passed upon hearing the parties, by which the Court has granted interim protection to the Applicant. The same is continued until date. Learned APP would not dispute such factual position.

3.

The proceedings arise out of an FIR in CR No.1088 of 2023, which was lodged on 16 December 2023 by the Khed Police Station, Pune for the offences punishable under Sections 406, 420, 467 and 468 read with Section 34 of the Indian Penal Code, 1860 ("IPC"). The case of the prosecution in brief is that the Informant alleged that due to the 1/4

2 36-ABA-2946-2024.doc inducement given by the Applicant and co-accused persons, substantial amounts were invested by the informant and her husband on the promise of handsome returns. The accused persons induced the husband of the informant to open a separate bank account while they retained the cheque book and other articles pertaining to the said new bank account. It is alleged that certain amounts were siphoned of from the said bank account by the accused persons, by indulging in forgery. It is on the basis of such allegations that the complaint was made and the FIR registered. 4.

Ms. Kak, learned APP on instructions would submit that the Applicant has duly complied with the interim order dated 12 November 2024, insofar as the terms and conditions imposed in the said order are concerned. He has made himself available before the Investigating Officer on the dates recorded in the said order. This would entail that the Applicant had duly joined the investigation. There is nothing on record to indicate that there is any material adverse or against the Applicant on the requirement of prima facie case pursuant to the order dated 12 November 2024. The presence of the Applicant can be secured at the time of the trial. Ms. Kak on instructions submits that a charge-sheet in these proceedings shall be filed within a period of two weeks from today. 5.

Considering the above, there is no aggravating factors to justify his detention, in the given factual complexion where a prima facie case is made out by the Applicant for grant of anticipatory bail. Thus, this is not a 2/4

3 36-ABA-2946-2024.doc fit case to warrant custodial interrogation of the Applicant. 6.

For the above reasons, in my prima facie opinion, the following order would meet the ends of justice:-

ORDER

(i) The interim order dated 12 November 2024 stands confirmed.

(ii) In the event of arrest of the Applicant in connection with CR No. 1088 of 2023 registered with Khed Police Station, Pune for the offences punishable under Sections 406, 420, 467 and 468 read with Section 34 of the IPC, 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 more sureties in the like amount.

(iii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every second and fourth Saturday at 11.30 a.m. until filing of the charge-sheet. (iv) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.

3/4

4 36-ABA-2946-2024.doc (v) The Applicant shall obtain appropriate orders of the competent Court before leaving the State of Maharashtra. (vi) The Applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer. (vii) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the complainant or any witness in any manner whatsoever.

7.

Needless to mention that the observations made above are prima facie for the purposes of adjudicating this Application. 8.

The Anticipatory Bail Application is Allowed/Disposed Of in the above terms.

[ADVAIT M. SETHNA, J.] 4/4