Sambhaji Shivaji Panchal v. State Of Maharashtra

1 7-ABA 2343-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2343 OF 2025 Sambhaji Shivaji Panchal ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Ms. Anjali Patil, Tohid Shaikh, Onkar Gurav, Riddhi Kothlikar for the Applicant.

Mr. V. N. Sagare, APP for the Respondent-State. Mr. Santosh Ghatekar, Senior Police Inspector, Parksite Police Station is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

20TH SEPTEMBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.10.15 14:54:53 +0530 MUGDHA MANOJ PARANJAPE 1.

This is an Application for anticipatory bail. 2.

The present Applicant is apprehending his arrest in Crime No.818 of 2024 registered with Parksite Police Station for the offences punishable under Sections 316(2), 318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in financial Establishments) Act, 1999. 3.

According to the prosecution, the investors were made to invest their money in Shree Kuber Trading Company on the false promise of high returns. The allegations are of defrauding the investors to the tune of Rs.13,61,02,000/-

2 7-ABA 2343-25.doc 4.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

5.

The learned counsel for the applicant submits that the wife and the daughters of the present applicant are the victim of the present crime. In support of said submission, learned Counsel for the Applicant has drawn my attention to the report dated 27th June 2025 submitted to the Sessions Court (MPID, Mumbai) by the investigating officer. It is submitted that the prosecution has filed chargesheet in the crime and there is nothing incriminating against the present Applicant. 6.

On the other hand, Learned APP for the Respondent-State submits that further investigation is still going on. The learned APP submits that the applicant has disclosed during further investigation that he told one of the investors, viz., Parag Shirke, to invest Rs.40,00,000/- in the company in question and he received Rs.4,80,000/- towards the commission. 7.

I have perused the record. Except the statement of the present Applicant, there is nothing to show that he has received certain amount from the company in question. There is no need of custodial interrogation of the present Applicant. In that view of the matter, I am inclined to release the applicant on anticipatory bail. Hence, the following order :-

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.818 of 2024 registered with Parksite Police Station for the offences punishable under Sections 316(2), 318(4), 3(5) of the

3 7-ABA 2343-25.doc Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in financial Establishments) Act, 1999, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)each with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when called for by the investigating officer and shall cooperate in the investigation. 8.

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

(N.R. BORKAR, J.)