Shital Digamber Taak v. State Of Maharashtra Thr Pso, Ps Sakharkheda , Dist. Buldhana
1 21-aba-899-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.899/2025 Shital Digamber Taak Vs. State of Maharashtra, Through Police Station Officer, Police Station Sakharkherda, Distt. Buldhana Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. U.J. Deshpande, Advocate for Applicant Mr. Ashish Kadukar, APP for Non-applicant / State
CORAM:
NIVEDITA P. MEHTA, J.
DATED :
26th NOVEMBER, 2025 1.
Issue notice to the non-applicant, returnable on 12.12.2025.
2.
The learned APP waives service of notice for non-applicant and seeks time to file reply. Time as sought is granted.
3.
The applicant has filed the present application seeking anticipatory bail, apprehending her arrest in connection with Crime No. 69/2025, registered with Police Station Sakharkherda, District Buldana, for offences punishable under Sections 318(4), 336(3), 338 of the Bhartiya Nyay Sanhita, 2023, and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.
4.
The prosecution case, in brief, is that certain gold ornaments were pledged with Balaji Urban Cooperative Credit Society, which were later found to
2 21-aba-899-2025.odt be of inferior quality or fake, and a loan amount of Rs. 59,27,500/- was sanctioned on the basis of such purportedly fake gold. On this allegation, a complaint was lodged, and the FIR was registered against the applicant.
5.
Learned counsel for the applicant submits that the applicant's father-in-law is engaged in the business of purchase and sale of gold. The gold ornaments in question, belonging to the applicant's in-laws, including jewellery used during her marriage, were stored at the family residence. During investigation, certain gold belonging to the father-in-law was seized. The applicant's husband was a valuer at the said Balaji Urban Cooperative Credit Society. It is submitted that the applicant has no connection whatsoever with her husband's business, nor with the functioning of the Society. There is no material on record implicating the applicant in the alleged offences. Despite the absence of any evidence linking her to the crime, she has been arrayed as an accused in the charge-sheet.
6.
Per contra, learned Additional Public Prosecutor submits that the applicant is the wife of prime accused No. 1, and the possibility of her involvement in the commission of the alleged offences cannot be ruled out. Hence, he has prayed for the rejection of the application.
7.
Having considered the rival submissions and the material on record, and noting that the investigation
3 21-aba-899-2025.odt in the present matter is complete, with all relevant materials and documents already seized by the Investigating Officer, it appears that custodial interrogation of the applicant is not necessary. In these circumstances, the Court is satisfied that the applicant has made out a prima facie case for grant of ad-interim anticipatory bail.
ORDER
I.
In the event of arrest of the applicant in Crime No. Crime No. 69/2025, registered with Police Station Sakharkherda, District Buldana, for offences punishable under Sections 318(4), 336(3), 338 of the Bhartiya Nyay Sanhita, 2023 and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, the applicant shall be released on furnishing solvent surety of Rs.20,000/- with PR bond of like amount.
II.
The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the investigation. IV.
Interim protection shall operate till 12.12.2025. (NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 26/11/2025 18:10:02