Mayuresh Uday Joshi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1994 OF 2025 Mayuresh Uday Joshi ... Applicant Vs.

The State of Maharashtra ... Respondent **** Mr. Satyavrat Joshi (Through VC) a/w Mr. Priyesh More i/b Mr. Samay Pawar, Advocate for the Applicant.

Mr. T. G. Khan, APP for Respondent/State.

Mr. Phade-PSI, Vishrambag Pune.

**** by GAYATRI RAJENDRA SHIMPI Date:

2025.08.08 10:58:54 +0530 GAYATRI RAJENDRA SHIMPI CORAM :

ASHWIN D. BHOBE, J.

DATE :

7th AUGUST, 2025.

P.C. :

1.

Heard Mr. Satyavrat Joshi, learned Advocate for the Applicant and Mr. T. G. Khan, learned APP for the Respondent-State. 2.

By the present Application, Applicant is seeking bail in Crime No. 192 of 2024 registered with Vishrambaug Police Station District Pune for the offences punishable under Sections 420, 406, 409 r/w Section 34 of the Indian Penal Code (for short "IPC") and Section 3 of the Maharashtra Protection of Interest of Depositors Act, 1999 (for short "MPID Act"). Said crime is registered as Special MPID Case No.210 of 2025 and is pending on the file of Additional Sessions Judge, Pune. 3.

Applicant was arrested on 2nd November, 2024 since then the Applicant is in jail. Bail Application at Exhibit-6 filed by the Applicant was dismissed by the Additional Sessions Judge, Pune by its order dated 2nd April, 2025.

4.

Mr. Satyavrat Joshi, learned Advocate for the Applicant, submits that the Applicant is seeking bail on the sole ground of parity. He submits that the involvement of the Applicant in Crime No.192 of 2024 is of having allured the investors to part with a substantial amount of money with a promise of attractive returns, which never materialized. He submits that the involvement of the Applicant in the said crime is similar and identical to the involvement of Co-Accused Mithilesh Ashok Gholap. He submits that the Hon'ble Supreme Court has released Mithilesh Ashok Gholap on Anticipatory Bail vide order dated 16th December, 2024 passed in Special Leave to Appeal (Crl.) No. 14382 of 2024. He submits this Court has granted Anticipatory Bail to another Co-Accused by relying on the order passed in the case of Mithilesh Ashok Gholap.

He tenders copies of the order dated 16th December, 2024 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.14382 of 2024 and the order dated 7th February, 2025 passed by this Court in Anticipatory Bail Application No.259 of 2025, same are taken on record and marked 'X' colly for identification. He therefore submits that the case of the Applicant be considered on the grounds of parity.

5.

Mr. T. G. Khan, learned APP for the Respondent-State, submits that the Applicant has allured persons to make investments. He submits that the role and involvement of the Applicant in Crime No.192 of 2024 is similar and identical to the role of Mithilesh Ashok Gholap. He submits that Mithilesh Ashok Gholap having been released on bail, the case of the Applicant be considered on the ground of parity. 6.

Perused the records, the order dated 16th December, 2024 passed in Special Leave to Appeal (Crl.) No. 14382 of 2024 and the

order dated 7th February, 2025 passed by this Court in Anticipatory Bail Application No. 259 of 2025.

7.

Paragraph No.7 of the order dated 7th February, 2025 passed in Anticipatory Bail Application No. 259 of 2025 reads as follows:- "7.

It is to be noted that the application of the said co-accused person i.e. Mithilesh Ashok Gholap was dismissed by this Court, observing that he was named in the FIR and that there was allegation against him, alongwith co-accused persons, about having allured the first informant to part with substantial amount of money with promise of attractive returns, which never materialized." 8.

Records of the case in hand reveals that the role assigned to the Applicant is similar and identical to the role assigned to Mithilesh Ashok Gholap in Crime No.192 of 2024. Applicant would therefore be entitled to bail on the principle of parity.

9.

In view of the above, Bail Application is allowed on the following conditions :- (a) Applicant be released on bail in Crime No. 192 of 2024 registered with Vishrambaug Police Station, Pune upon furnishing a P.R. Bond in the sum of Rs. 25,000/-each with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Pune.

(b) Applicant shall not directly or indirectly make any inducement, threat, or promise to the Complainant or any person acquainted with the facts of the case, and shall also not tamper with the evidence.

(c) Applicant shall regularly appear before the learned Additional Sessions Judge, Pune as and when the date in Special MPID Case No.210 of 2025 is fixed, unless exempted by the Court.

(d) Applicant upon release within 3 days shall furnish his residential address with proof and contact details to the Investigating Officer, Vishrambaug Police Station, Pune. 10.

Criminal Bail Application No. 1994 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE, J.)