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Bombay High CourtABA/1887/2025disposed off

Jibranali Jahangir Jamadar v. State Of Maharashtra

2026-01-21Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

1 59-ABA-1887-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1887 OF 2025 JIBRANALI JAHANGIR JAMADAR

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Atharva Bhingarde, Advocate for Applicant Mr. A. S. Shalgaonkar, APP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 21st JANUARY, 2026 PER COURT :

1.

By this application, the applicant seeks anticipatory bail in C.R. No.67/2023, registered with Miraj City Police Station, District Sangli, for offence punishable under Sections 406, 420 r/w 34 of the Indian Penal Code.

2.

Prosecution case is that, informant is working in Axis Bank since 2007 and is currently working as Manager at Axis Bank, Miraj Branch. Accused Tohid Sharikmaslat was working as Assistant Branch manager sales in the said Bank, since May, 2016. The duty of accused was to work in and around Miraj and meet people and convince them to open their savings and current account in Axis Bank and his work was supervised by Branch Manager of Sales Niranjan Ajit Limaye. On 30/01/2023 when informant was working

2 59-ABA-1887-25.odt in bank, one Siraj Kotwal came to the bank and inquired about the accused. Informant told that accused has not yet come and Siraj Kotwal left the bank. Siraj again came in the evening at 4.00 p.m. and complained that Tohid has taken Rs.19,50,000/- from him, time to time on account of investment and the entire amount is paid through cheque. Informant then checked the account of Siraj and found that amount of Rs.5,00,000/- on June, 2022, Rs.5,00,000/- on July, 2022, Rs.2,50,000/- on December, 2022 and Rs.3,00,000/- on January, 2023 i.e. total Rs.15,50,000/- were encashed as self bearer check. Informant then checked whether this amount was invested in any schemes of the bank, but it was not invested in any scheme. Thereafter informant asked Siraj to give written complaint.

On same day, Ashok Jingonda Patil, Amina Shaikh, Samir Jamadar, Meheboob Mulani came and complained that Tohid has cheated them. Till filing of complaint Wajida Kotwal, Hussaini Bepari, Gani Godad, Ashiya Chaus complained about Tohid cheating them. All the complaints were forwarded to bank audit team at Pune and Mumbai and they started inquiry.

When Manager Mr. Limaye and Mr. Mali visited accused Tohid's house be was not present there. When inquired, his father told that he has left the house on 29/01/2023 and not returned, his mobile is also switched off. When informant checked the bank CCTV footage, accused is found to be accepting the money.

3 59-ABA-1887-25.odt 3.

Heard learned advocate for applicant and learned APP for respondent/State. Perused the record.

4.

The applicant seeks bail on the ground of parity, as the main accused Tohid Sharikmaslat is released on bail by learned Judicial Magistrate First Class, Miraj on 18/07/2024 and another accused Sarafraj Ahemed Beg is granted anticipatory bail by the learned Additional Sessions Judge, Sangli on 10/05/2024. 5.

Admittedly, the charge-sheet is filed in the present crime and 28 witnesses are cited by the prosecution. Charge is framed against main accused. In the light of above, custodial interrogation of the applicant is not necessary. The applicant is entitled for bail on the ground of parity.

6.

Hence, the application is allowed. In the event of arrest of applicant Jibranali Jahangir Jamadar in connection with C.R. No.67/2023, registered with Miraj City Police Station, District Sangli, he be released on executing personal bond of 15,000/- with one surety in the like amount.

7.

Applicant shall not tamper with the prosecution evidence. Applicant shall regularly attend the trial. (NITIN B. SURYAWANSHI, J.)