Kiran Trimbak Pokale v. State Of Maharashtra

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.09.20 20:58:44 +0530 ANTICIPATORY BAIL APPLICATION NO.1476 OF 2025 ARJUN VITTHAL KUDHEKAR Kiran Trimbak Pokale ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Himanshu J. Patil i/b Rahul D. Salve, for the Applicant. Ms. S. M. Yadav, APP for the Respondent-State. P.S.I. Mansur K. Maner, M.I.D.C. Bhosari Police Station, District-Pune, present.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 20 SEPTEMBER 2025 P.C.:

1.

Heard Mr. Himanshu Patil, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State. 2.

This is an Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with CR No.89 of 2025 registered with the M.I.D.C. Bhosari Police Station, District-Pune, for the offences punishable under Sections 408 and 34 of the Indian Penal Code, 1860.

3.

The prosecution case is set out in Paragraph No.3 of the Order dated 13th May 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.1542 of 2025, which reads as

under :- "3] It is the story of prosecution that the informant by name Mohaj Arjun Shende has been working as the Admin Manager in the Jayashree Electron Pvt. Ltd. Company. Coaccused Ashish Govind More was working in the said company since the year 2012 till 29/01/2024. The co-accused Akbar Jamadar was the owner of M. M. Technology Company and the applicant/accused was the owner of Shrikrupa Industrial Supplier. Co-accused Ashish More prepared the order in the name of M. M. Technology Company for purchasing busbar processing machine and spare parts and prior to receiving the material, sent Rs. 11,65,640/- by N.E.F.T. to the M. M. Technology Company.

Hence, the informant asked co-accused Ashish More about the same and at that time, the co-accused stated that he was ready to repay the said amount to the company of informant, but he did not repay. Hence, the complaint was lodged against co-accused Ashish More. During investigation, it revealed that co-accused Akbar Jamadar received the said amount of Rs.11,65,640/- in the name of his company and out of the said amount, he sent Rs. 11,21,000/- to the company of applicant/accused by R.T.G.S. It also revealed that the applicant/accused transferred the said amount of Rs. 11,21,000/- again to the account of co-accused Ashish More. Hence, it revealed that co-accused Ashish More with the help of Akbar Jamadar and the applicant/accused misappropriated the amount of the company of informant by preparing false proforma of the order."

(Emphasis added) 4.

It is the submission of Mr. Patil, learned Counsel for the Applicant that the amount of Rs.11,21,000/- has been deposited in the account of the Applicant by co-Accused Akbar Jamadar and immediately the same has been transferred in the account of Accused No.1 - Ashish Govind More. He submits that the same has been done at the request of Accused No.1 - Ashish Govind More and the Applicant is not connected

with the offence. He submits that Accused No.2 - Akbar Gulab Jamadar has been arrested and he has been released on regular bail. He submits that the Applicant will cooperate with the investigation. 5.

Accordingly, the Applicant shall attend the M.I.D.C. Bhosari Police Station, Pimpri Chinchwad, District - Pune on 24th September 2025, 25th September 2025 and 26th September 2025 between 11:00 am to 02:00 pm. The Applicant shall cooperate with the investigation. 6.

Stand over to 30th September 2025 at 03:00 pm. 7.

Till next date, no coercive steps be taken against the Applicant. [MADHAV J. JAMDAR, J.]