Kiran Trimbak Pokale v. State Of Maharashtra

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1476 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.10.14 21:20:06 +0530 Kiran Trimbak Pokale ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Mr. Himanshu J. Patil a/w Rahul Salve & Sachet Patil, for the Applicant. Mr. S. M. Mangaonkar, APP for the Respondent-State. A.P.I. A. B. Patil, M.I.D.C. Bhosari Police Station, District-Pune, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 14 OCTOBER 2025 P.C.:

1.

This Court passed the detailed Order on 20th September 2025, which reads as under :- "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. Co-accused 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 coaccused 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 coaccused 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."

2.

Mr. Patil, learned Counsel for the Applicant, states that in terms of the Order dated 20th September 2025 the Applicant has attended the Police Station on 24th September 2025, 25th September 2025 and 26th September 2025 and cooperated with the investigation. 3.

Mr. Mangaonkar, learned APP submits that the Applicant has attended the Police Station and investigation has been carried out. Learned APP states that the Charge-sheet is already filed where the present Applicant has been shown as absconding. He submits that supplementary Charge-sheet will be filed.

4.

Accordingly, the case is made out for grant of anticipatory bail. In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Kiran Trimbak Pokale in connection with CR No.89 of 2025 registered with the M.I.D.C. Bhosari Police Station, District-Pune, he be released on bail on his furnishing PR Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station as and

when necessary and shall cooperate with the investigation. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

5.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]