Deepa Sudesh Shinde v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 217 OF 2025 Deepa Sudesh Shinde ...Applicant

Versus

State Of Maharashtra

...Respondent

____________________________________ Mr. Sadanand Bansode i/b. Mr. Shailesh Waghmare, Advocate for the Applicant.

Ms. Supriya Kak, APP for the State.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 13 FEBRUARY 2025 P.C.:

1.

The applicant is seeking anticipatory bail in connection with C.R. No. 0233 of 2020, dated 26 February 2020, registered with Mumbra Police Station, District Thane , under Sections 420 and 34 of the Indian Penal Code..

2.

The Applicant under took such action as described in the statement of the Informant in the F.I.R.

3.

The learned Advocate for the Applicant submits that the applicant is not the beneficiary of any kind of transaction. In fact, the Applicant

and her family had invested their hard-earned money with the finance company named "Incredible Micro Finance." He submits that the Applicant was a small investor, like the Complainant, in the said finance company. He further states that there was an accountant in the office of the said finance company who was responsible for dealing with the Applicant. The Applicant had no role to play in the money deposited by the Complainant or other investors, including herself, in the said finance company. As of today, the office of the said finance company has been closed down.

4.

He submits that, in fact, the present Applicant is in the process of filing a complaint against the said finance company and other similar finance companies that have cheated them. He further submits that the Applicant is a lady and she is staying with her mother, who is suffering from various ailments. The Applicant runs a tuition classes from home for her livelihood, as she has been deserted by her husband. 5.

The learned APP submits that the investigation is still ongoing, and they are in the process of collecting evidence against the said finance company and the individuals behind it. Many investors who have been cheated are coming forward and lodging complaints. According to these investors, their money was paid to the present Applicant, who, in turn, forwarded the funds to the said finance company. Receipts to that effect

have been received by the Investigating Officer. Hence, he submits that the custody of the present Applicant would be necessary. 6.

I have gone through the contents of the F.I.R. and the documents which are produced before me, including receipt. It appears from the documents on record that the Applicant was also a small-time investor with the finance company. In the receipts issued by the said finance company, the name of the present Applicant does not surface. All transactions seem to be of the year 2015, while the F.I.R. was lodged only in the year 2020. The Applicant has received a notice issued by the police under Section 41-A and has been cooperating with the investigation. The Applicant has provided all necessary details about the finance company. In such circumstances, in my view, no purpose will be served in putting the present Applicant-lady behind bars. 7.

Prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-

ORDER

(a) The Anticipatory Bail Application is allowed. (b) In the event of arrest of the Applicant in connection with C.R. No. 0233 of 2025, dated 26 February 2020, registered with Mumbra Police Station, the Applicant shall be released on bail till filing of the chargesheet on furnishing P.R. bond to the extent of Rs.20,000/- with one or

more sureties of the like amount.

(c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(f) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

6.

In view of the above, the present Anticipatory Bail Application is disposed off.

(RAJESH S. PATIL, J.)