Jitendra Kumar Mahaveer Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2446 OF 2025 Ms. Kiran Amol Gosavi ...Applicant

Versus

State of Maharashtra

...Respondent

BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2025.09.30 15:59:15 +0530 Mr. Adwait Bhonde a/w Mr. Atharva Bhosale, for Applicant. Mr. S.M. Mangaonkar, APP for the State.

API, G.P. Jadhav, Samarth Police Station, Pune City, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

29th September 2025 P.C.:

1.

Heard Mr. Bhonde, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP for the State. 2.

This is an Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking prearrest bail in connection with C.R. No.81 of 2025, registered with Samarth Police Station, Pune, for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code, 1860, and Section 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999 ("MPID").

3.

As per the prosecution case, in November 2023, the First Informant was introduced to Pallavi Amol Gosavi (Accused No.1) and her mother- Kiran Amol Gosavi (Accused No.2) i.e. the present Applicant. Accused Nos.1 and 2 claimed to operate business in share trading, IPL betting and race courses, promising crores of rupees in profit. On 24th November 2023, the Accused Nos. 1 and 2 asked the First Informant to invest Rs.2,00,000/-, assuring him a profit of Rs.32,00,000/- by December 2024. The First Informant invested total amount of Rs.19,80,000/-. To gain his trust, Accused No.1 handed over cheque of Rs.12,00,000/- dated 12th May 2024 to the First Informant, however, it was informed to the First Informant not to deposit the said cheque until August 2024 and when the First Informant tried to meet the Accused No.1, she avoided him. On 8th August 2024, the First Informant deposited the cheque in the Indian Bank, but the cheque was bounced. Therefore, F.I.R. is lodged.

4.

Mr. Bhonde, learned Counsel for the Applicant submits that the Applicant, who is Accused No.2 and the mother of Accused No.1 is not involved in the crime. He submits that the main Accused is Accused No.1- Pallavi Amol Gosavi. He further submits

that other co-Accused i.e. Accused Nos. 3 and 4 have been granted pre-arrest bail by the learned Additional Sessions Judge, Pune. He further submits that the Applicant is lady of 54 years old. She is housewife and she is not involved in the crime. He submits that the Applicant is voluntarily ready and willing to deposit an amount of Rs.12,00,000/- before the learned Trial Court, in two equal instalments. He states that an amount of Rs.6,00,000/- will be deposited within a period of two weeks and thereafter further amount of Rs.6,00,000/- will be deposited within two weeks thereafter. He submits that the statements are made voluntarily and accordingly tenders Affidavit dated 27th September 2025. Learned Counsel for the Applicant states that the Applicant has completely co-operated with the investigation. Learned Counsel further submits that even as per the prosecution case, not a single rupee has been received by the Applicant.

5.

Learned APP states that the Applicant is involved in the crime and strongly opposes granting pre-arrest bail to the Applicant.

6.

Perusal of record shows that the main allegations are against the Accused No.1, who is the daughter of the present Applicant. The Applicant is a woman of 54 years old.

7.

In the facts and circumstances of the case, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant- Ms. Kiran Amol Gosavi be released on bail in C.R. No.81 of 2025, registered with Samarth Police Station, Pune, for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code, 1860, and Section 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

(iii) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(iv) The Applicant 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.

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

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)