Dr Umesh Krushnaji Joshi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.858 OF 2025 Dr Umesh Krushnaji Joshi ...Applicant Vs State Of Maharashtra

...Respondent

____________________________________ AMOL DILIPRAO NAWALE Mr. Abid Mulani, Advocate for the applicant.

Mr. Avinash Naik, APP for the State.

by AMOL DILIPRAO NAWALE Date: 2025.04.05 17:46:32 +0530 Ms. Kirti Dabir, Advocate for Respondent No.2. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 3 APRIL 2025 P.C.:

1.

The applicant is apprehending his arrest in connection with the Crime No.176/2023 registered by the police station, Khadak for the offences punishable under Sections 420 and 406 of the Indian Penal Code. Hence, he has moved this application for anticipatory bail. 2.

Mr. Mulani, the learned Advocate for the applicant, submits that as per the statements made by the applicant, it was recorded on 27 March 2025 that the applicant had made efforts to deposit a sum of Rs. 60,00,000/- into the account of the informant by 1 April 2025. However, despite the steps taken by the applicant, the same could not

be accomplished due to the festival season and the financial year-end, during which the banks were not functioning from 29 March 2025 to 1 April 2025. Furthermore, since the informant's bank is located in Dubai, the transfer from an Indian bank to a foreign bank inherently requires more time than a standard domestic banking transaction. 3.

He further submits that certain WhatsApp messages were exchanged between the advocate for the applicant and the informant. In the meantime, after incurring an expense of Rs.25,000/-, the applicant has prepared a Demand Draft in the sum of Rs.60,00,000/- in the name of the Registry of this Court. The applicant is ready and willing to deposit the said amount today itself.

4.

An affidavit-cum-undertaking has been furnished by Dr. Umesh Joshi-applicant dated 1 April 2025, outlining the timeline for payment of the balance amount of Rs.90,00,000/- to be deposited in this Court. The affidavit of Dr. Umesh Joshi dated 1 April 2025 is taken on record and marked as "X" for identification. Mr. Mulani, the learned Advocate for the applicant, identifies the signature of the applicant on the said affidavit. The submissions made in the affidavit are accepted as an undertaking given to this Court. All undertakings are accordingly accepted.

5.

For ease of reference, the said affidavit dated 1 April 2025 is scanned and reproduced herein below :

6.

The applicant is permitted to deposit a sum of Rs.60,00,000/- in the Registry of this Court.

7.

Ms. Dabir, the learned Advocate for the informant, has tendered an affidavit of the informant dated 3 April 2025. On internal page 6 of the affidavit, the informant has referred to a company named Marshal MFG & Exports. Ms. Dabir, on instructions from her client, submits that the remaining payment of Rs.90,00,000/- to be deposited by the applicant may be directly deposited into the account of Marshal MFG & Exports or in this Court.

8.

The learned Advocate for the applicant submits that his client will deposit the entire payment of Rs.90,00,000/- as per the schedule mentioned in paragraph no. 8 of the affidavit of the applicant in this Court or directly to Marshal MFG & Exports, provided the first informant co-operates in quashing proceedings. 9.

The applicant is permitted to deposit by way of Demand Draft of Rs.60,00,000/- without admission of guilt into the Registry of this Court. And further permitted to deposit Rs.90,00,000/- periodical in this Court.

10.

The applicant has demonstrated his bonafides by agreeing to deposit total sum of Rs.1,50,00,000/- to this Court. 11.

In view of the bonafides shown by the applicant in depositing the

entire amount of Rs.1,50,00,000/- before this Court. At this stage, according to me, a case is made out to allow the present anticipatory bail application on certain conditions :

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest of the Applicant Crime No.176/2023 registered by the police station, Khadak for the offences punishable under Sections 420 and 406 of the Indian Penal Code. The Applicant shall be released on bail furnishing P.R. bond to the extent of Rs.50,000/- 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 on 9 April 2025 and 10 April 2025 between 10.00 a.m to 1.00 p.m., thereafter 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 Applicants and his surety shall provide their

respective mobile numbers, e-mail address and documents pertaining to the place of residence.

(g) As per the liberty sought by the parties they are free to prefer appropriate proceedings in accordance with law. 12.

Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.

13.

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

(RAJESH S. PATIL, J.)