Mahendra Shrawan Dakhore v. The State Of Maharashtra, Thr. Pso, Ps, Ramnagar, Chandrapur, Tah. And Dist. Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.304 OF 2025 (Shri Mahendra Shrawan Dakhore Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Y.R. Kinkhede, Advocate for the applicant. Mr. M.K. Pathan, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MAY 6, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.1025/2024 registered with Police Station Ram Nagar, Chandrapur, District Chandrapur for the offence punishable under Sections 318(4), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999, the applicant approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicant submitted that the crime is registered on the basis of report lodged by the informant Ramdas Sadashiv Warbhe on an allegation that the present applicant is the Manager of the cooperative Swapnavedh Multistate Cooperative Credit Society Ltd., Pune and on his inducement he has invested the amount of Rs.10.00 lakhs. He approached to the present applicant to withdraw the said amount but he has not received the said amount and during enquiry, it

revealed to him that similarly the other investors are also duped. On the basis of the said report, police have registered the crime against the present applicant. He invited my attention towards the documents i.e. the application and observation of the Enquiry Committee against the present applicant. He submitted that the present applicant is also ready to deposit the amount of Rs.10.00 lakhs and for that reason, the custodial interrogation of the applicant is not required. Hence, he be protected by granting ad-interim anticipatory bail. 3.

Learned APP invited my attention towards the report which is filed by the investigating agency from which it reveals that not only the present applicant but the other investors to the extent of Rs.82,25,599/- are duped. Considering the huge stake of the amount and considering the considerations for grant of anticipatory bail, the prayer for grant of ad-interim anticipatory bail deserves to be rejected.

4.

I have heard learned Counsel for both the sides and on perusal of the recitals of the FIR and the various documents which are filed along with the present application as well as the report filed by the investigating officer before the Sessions Court it shows that the huge amount of Rs.82,25,599/- is misappropriated by the present applicant and he has induced various investors to invest the amount and the investors have not received the amount. Thus, considering the role attributed to the

present applicant, at the stage, no case is made out for grant of ad-interim anticipatory bail.

5.

Issue notice to the non-applicant, returnable after one week.

6.

Learned APP waives notice for the State. And seeks time to file reply.

7.

Liberty is granted to the applicant to move before the Vacation Court by issuing notice in advance to the other side.

(URMILA JOSHI-PHALKE, J.) *Divya