Dennis Fernandes v. State Of Maharashtra

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.07.24 20:40:39 +0530 sg 904.aba2015-25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2015 of 2025 Dennis Fernandes ... Applicant versus The State of Maharashtra ... Respondent ---- Mr Rajiv Chavan, Senior Advocate, a/w. Mr Pranav Badheka, Senior Advocate, Mr Sandeep Karnik, Ms Asmi Desai, Ms Sonam Pandey, Ms Rashmi Tiwari and Mr Abhijeet Sarnobat, i/b. Mr Vishwajeet Nimbalkar, for the applicant. Mr SS Pednekar, APP, for the respondent/ State. ---- Coram: R.N. Laddha, J.

Date: 23 July 2025.

P.C.:

.

The learned Senior Counsel appearing on behalf of the applicant submits that the applicant is neither the beneficiary nor the recipient of the alleged misappropriated funds. There exists no material on record that connects the applicant with any of the financial transactions in question, nor is there any linkage between the applicant and the alleged diversion or misuse of funds.

2.

The learned Senior Counsel further submits that the __________________________________________________ 23 July 2025

sg 904.aba2015-25.docx applicant's residential flat has already been attached, and the monetary component of the alleged misappropriation stands secured. The present FIR, lodged in the year 2025, is based on an audit report prepared in 2023. However, even prior to the lodging of the FIR, specifically, three years earlier, the applicant had already brought the matter of the alleged financial irregularities to the attention of the police authorities. The applicant had duly reported the suspected misappropriation by the entire managing committee. The learned Senior Counsel for the applicant submits that the applicant is ready and willing to cooperate with the investigation.

2.

The learned APP, however, seeks time to take instructions as the Investigating Officer is not present. At the request of the learned APP, stand over to 21 August 2025. In the meantime, the applicant shall attend the concerned police station on 11th, 12th and 13th August 2025 between 11.00 a.m. and 2.00 p.m to the Investigating Officer, and cooperate with the investigation. There shall not be any coercive action against the applicant in the present crime until the next date.

(R.N. Laddha, J.) __________________________________________________ 23 July 2025