Bombay High CourtABA/2163/2025allowed

Sambhaji Dagdu Walke v. State Of Maharashtra

2025-11-11Hon'Ble Shri Justice Madhav J. Jamdar7 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2160 OF 2025 Priyanka Sambhaji Walke ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

WITH ANTICIPATORY BAIL APPLICATION NO.2163 OF 2025 Sambhaji Dagdu Walke ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Shashikant P. Chaudhari a/w. Ms. Snehal S. Chaudhari, Ms. Anushka Deshmukh i/b. Maharashtra Law Associates, for the Applicants.

Mr. S. A. Karmakar, APP, for the Respondent No.1-State. Mr. Rahul S. Kadam, for the Respondent No.2.

Mr. Sagar Suresh Shelake, PSI, attached to Shirur Police Station, Pune Rural, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th NOVEMBER 2025 PC:- 1.

Heard Mr. Chaudhari, learned Counsel appearing for the Applicants, Mr. Karmakar, learned APP for the Respondent No.1State and Mr. Kadam, learned Counsel appearing for the Respondent No.2.

The Applicant-Priyanka Sambhaji Walke (Anticipatory Bail Application No.2160 of 2025) is accused No.2 and the ApplicantSambhaji Dagdu Walke (Anticipatory Bail Application No.2163 of 2025) is accused No.1. These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking prearrest bail in connection with C.R. No.68 of 2025 registered with Shirur Police Station, Pune Rural, Pune, for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyay Sanhita, 2023.

The prosecution case is set out in paragraph No.3 of the order dated 22nd July 2023 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.3182 of 2025. The said paragraph No.3, reads as under: "3. It is the story of the State that informant by name Reshma Rahul Walke was the director in the Wsquare Feeds India Private Limited having 50% share. The applicant/accused was also the director of the said company. The son of applicant/ accused i.e. co-accused Sachin Walke was looking after the documentary work and bank transaction of the said company. So also, the husband of informant was looking after the work of documents and bank transactions on the behalf of informant. The said company got several orders and was doing very good business since the year 2022 to November

2024. Therefore, the applicant/accused, his son and daughter became greedy. They tried to become the sole owner of the company. Hence, the applicant/accused along with his children prepared the false and bogus documents. The false resignation letter, bearing forged signature purporting to be the signature of informant, was prepared and, thereby, the informant was removed from the post of director of the said company. The share of informant was extinguished and she was cheated financially. The false resignation letter in the name of informant and the other false documents were submitted by one unknown Chartered Accountant (C.A.) to the R. O.C. by uploading online. Co-accused Priyanka Sambhaji Walke, who is the daughter of applicant/accused, was admitted as the director of said company.

While doing these activities, no notice was sent to the informant, no meeting of board of directors was taken and the necessary procedure was not followed. As such, the applicant/accused along with co-accused have committed this offence causing huge financial loss to the informant. The husband of informant went to ask co-accused Sachin Walke about this, but he threatened to kill the informant and her husband and removed him from the premises of the company. The co-accused also asked them not to enter into the premises of the company. Hence, the informant lodged the FIR."

(Emphasis added) 4.

It is the main submission of Mr. Chaudhari, learned Counsel appearing for the Applicants that the dispute is predominantly of civil in nature and for bringing pressure, the FIR has been filed. He submits that in any case, as per the prosecution case, the main role

is of accused No.3-Sachin Sambhaji Walke. He submits that the said accused No.3 has been arrested and released on regular bail. He submits that as far as the accused No.2-Priyanka Walke is concerned, she has been appointed as Director after the First Informant-Reshma Rahul Walke submitted her resignation dated 3rd September 2024 and after the same has been uploaded on the website of the R.O.C.. He submits that all the allegations are before the said resignation and therefore even as per the prosecution case the accused No.2-Priyanka Sambhaji Walke is not involved in the crime. He submits that the entire affairs of the company has been looked after by the husband of the First Informant and One Time Passwords (OTPs) generated while uploading the documents on the website of R.O.C. are received by Rahul Sahebrao Walke i.e. the husband of the First Informant-Reshma Rahul Walke. He submits that in any case, the custodial interrogation is not necessary.

On the other hand, Mr. Karmakar, learned APP appearing for the Respondent No.1-State and Mr. Kadam, learned Counsel appearing for the Respondent No.2 strongly oppose the Anticipatory Bail Applications. Both of them submit that the

offence is very serious and the FIR clearly shows the involvement of both the Applicants. Both of them submit that the Chartered Accountant who has been appointed by the company is not traceable and therefore, the custodial interrogation of the Applicants is necessary.

Perusal of the record shows that as far as the accused No.2Priyanka Walke is concerned, her role has started only after alleged resignation dated 3rd September 2024 of the First InformantReshma Rahul Walke has been uploaded on the website of the R.O.C. As far as role of Accused No.1-Sambhaji Walke as also of even Accused No.2-Priyanka Walke, FIR itself records that Accused No.3-Sachin Sambhaji Walke was looking after the affairs of the said company on behalf of Sambhaji Dagdu Walke. As already set out herein above, the said accused No.3-Sachin Sambhaji Walke has been arrested and has been released on bail. 7.

Perusal of the record shows that the custodial interrogation of the Applicants is not necessary.

Accordingly, the case is made out for grant of Anticipatory Bails. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Priyanka Sambhaji Walke (Anticipatory Bail Application No.2160 of 2025) and the Applicant- Sambhaji Dagdu Walke (Anticipatory Bail Application No.2163 of 2025) in connection with C.R. No.68 of 2025 registered with the Shirur Police Station, Pune Rural, Pune, the said Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.1,00,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Shirur Police Station, Pune Rural, Pune, on 17th November 2025, 18th November 2025 and 19th November 2025 and thereafter, the Applicants shall attend the concerned Police Station as and when necessary.

and shall keep the same updated, in case of any change thereto.

(d) The Applicants 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 Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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

The Anticipatory Bail Applications are disposed of accordingly.

[MADHAV J. JAMDAR, J.]