Pradeep Manoharlal Shah And ANR v. The State Of Maharashtra

1 8-ABA 2307-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2307 OF 2025

1. Pradeep Manoharlal Shah

2. Neelam Pradeep Shah ... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. Karim Pathan, S. Illahi, Shoeb Shaikh for the Applicants. Mr. B. V. Holambe Patil, APP for the Respondent-State. PSI Bajrang Desai, Samta Nagar PS is present. ----- CORAM :

N.R. BORKAR, J.

DATE :

22ND JANUARY 2026 P.C. :

1.

This is an Application for anticipatory bail. 2.

Learned Counsel for the Applicant submits that during the pendency of the present Application, the Applicant No.1 came to be arrested. He therefore seeks leave to withdraw the Application qua Applicant No.1. 3.

Applicant No.2 is apprehending her arrest in Crime No.81 of 2024 registered with Samta Nagar Police Station for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code. 4.

It is the case of the prosecution that the first informant agreed to purchase the room owned by Applicant No.1 and paid Rs.45,00,000/- towards the consideration. It is alleged that subsequently, it was found that the said room was already mortgaged with the bank. The allegations are thus of defrauding the first informant to the tune of Rs.45,00,000/-.

2 8-ABA 2307-25.doc 5.

I have heard Learned Counsel for Applicant No.2 and Learned APP for the Respondent-State.

6.

Learned Counsel for Applicant No.2 submits that the Applicant has nothing to do with the alleged transaction between the first informant and Applicant No.1. It is submitted that Applicant No.2 is not the beneficiary of any amount. It is submitted that Applicant No.2 has no criminal antecedents. It is further submitted that there is no need of custodial interrogation and the Applicant No.2 is ready and willing to cooperate in the investigation.

7.

On the other hand, Learned APP for the Respondent-State submits that considering the nature of crime, Applicant No.2 may not be released on anticipatory bail.

8.

I have perused the FIR. The main allegations are against Applicant No.1, who is already arrested. In that view of the matter, I am inclined to release Applicant No.2 on anticipatory bail. Hence, the following order:-

ORDER

i.

The Anticipatory Bail Application qua Applicant No.1 is disposed of as withdrawn.

ii.

The Anticipatory Bail Application qua of Applicant No.2 is allowed.

iii. In the event of the arrest of the Applicant No.2 in Crime No.81 of 2024 registered with Samta Nagar Police Station for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code, she shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five

3 8-ABA 2307-25.doc Thousand Only) with one or two sureties in the like amount. iv.

The Applicant No.2 shall attend the concerned Police Station as and when called for by the investigating officer and shall co-operate in the investigation.

9.

The Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)