Vasant Sabaji Kadam v. The State Of Maharashtra

7-BA-3228-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3228 OF 2025 Vasant Sabaji Kadam ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Nikhil Wadikar i/b Mr. Pradip Zende, learned Advocate for the Applicant.

Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

14th AUGUST 2025.

P.C. :

1.

Heard Mr. Nikhil Wadikar, learned Advocate for the Applicant. He submits that though the complaint at page no. 33 of the paper-book refers to the misappropriated amount as Rs. 98,84,130/-, whereas the summary mentioned in the charge-sheet makes a reference to the amount in question being Rs. 29 lakhs and odd amount. He submits that the allegation in respect of the amount paid to the Applicant is about Rs. 9 lakhs and odd amount, out of which, Rs. 3,00,000/- have been returned by the Applicant to the Informant. It is therefore his contention that the Applicant, who has returned 1/3 of the amount, cannot be said to have intention to cheat the Informant. He further submits that the Applicant is not having any intention to cheat, is evident from page no. 32 of the paper-book, wherein it is found mentioned that it was the Applicant, who took the Informant to Dubai to attend a Gitalaxmi

7-BA-3228-2025.doc meeting with the company, wherein the amount is invested. 2.

Issue notice to the State/Respondent.

3.

Mr. Tanveer Khan, learned A.P.P. appears and waives service of notice on behalf of the State/Respondent. He seeks 3 weeks' time to take instructions from the Investigating Officer and to file reply. He requests for the next date as 4th September 2025. Time granted.

4.

Not objected to by Mr. Nikhil Wadikar, learned Advocate for the Applicant.

5.

At the request of Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and by consent of the parties, list the matter on 4th September 2025.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.08.18 14:35:02 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi