Sachin Rajaram Ghavate v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO. 668 OF 2025 SACHIN RAJARAM GHAVATE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant :

Mr. Arora Shyam C. a/w. Ms. Akanksha Helaskar APP for Respondent/State: Mr. B. B. Bhise ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22.04.2025 P.C. :

1] Issue notice to the sole respondent. The learned APP waives service of notice on behalf of the sole respondent.

2] Heard learned counsel for the applicant and the learned APP for the respondent-State.

3] The applicant has approached this Court apprehending arrest in connection with Crime No.667/2024, registered with M.I.D.C. Police Station, District Ahmednagar, for the offences punishable under Sections 316(5), 318(3), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 & under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act.

4] The learned counsel for the applicant submits that his statement is recorded by the Investigating Officer, however, the Investigating Officer has not deemed it fit to arrest the applicant. The charge-sheet in the matter is filed. However, the applicant is shown to be absconding. The learned counsel for the applicant further submits that the applicant has invested in the cooperative credit society and he has not taken any loans from the society. However, the learned Sessions Court has rejected the bail application of the applicant on the ground that on 2 occasions the amount is paid through the applicant bank to the chairman of the society.

The learned counsel for the applicant further submits that apart from the deposit made in the bank the applicant has purchased 2 properties from the chairman for valuable consideration and the transactions are reflected in account. However, the transaction are independent and has no connection with in the affairs of the bank. 5] Considering these submissions and, prima facie, that the applicant was interrogated by the Investigating Officer and was not arrested, interim protection can be granted to the applicant.

6] Considering the above, until the learned APP is heard in the matter on the next date, there shall be interim

order in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No.667/2024, registered with M.I.D.C. Police Station, District Ahmednagar, for the offences punishable under Sections 316(5), 318(3), 318(4), 61(2) of the Bharatiya Nyaya Sanhita, 2023 & under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount.

B] The applicant shall remain present before the investigating officer as and when required by the investigating officer.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

7] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 8] If statement made as above is found incorrect, the application would be liable to be dismissed. 9] List on 07.05.2025.

[ARUN R. PEDNEKER] JUDGE marathe