Amit Dattatray Londhe v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3089 OF 2024 SANDESH VISHNU PAWAR ...APPLICANT VS STATE OF MAHARASHTRA AND ANR ...RESPONDENTS WITH INTERIM APPLICATION NO.613 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.3089 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.2906 OF 2024 WITH INTERIM APPLICATION NO.609 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.2906 OF 2024 ...
Adv. S. R. Mishra a/w Pankajkumar Mishra for the Applicant in ABA/3089/2024 Adv. Aniket Nikam i/b Amit Icham for the Applicant in ABA/2906/2024. Adv. Anand S. Shalgaonkar, APP for the State. Adv. S. B. Bhatagonaki for the Intervener in IA/613/2025 & IA/609/2025.
API Kishor Medhe, BhanduP Police Station.
...
CORAM
: RAJESH S. PATIL, J.
DATED : MARCH 10, 2025 P.C.:
1.
Mr. Nikam, learned counsel for the applicant in case of Sunil Gunjal has handed over a document titled as "Clarification on Payment Received into My Account." The said chart shows that the
applicant along with his family members received a sum of Rs.1,25,64,979/-. The applicant's case is that a sum of Rs.51,00,000/- was deposited by the applicant (Sunil Gunjal) and his family members. The amount received from Mohires was Rs.1,25,64,749/-. Therefore, according to him if the monies invested by the applicant and his family members is calculated, there will be roughly Rs.74,00,000/- as an excess amount. He submits that, out of the said amount, a sum of Rs.42,00,000/- has been paid back to 32 investors. A list of the said investors is part of the document presented by the present applicant to the investigating officer and received by the investigating officer on 31 January 2025. He further submits that the applicant is actually a victim. Monies invested by the applicant and his family members has not been received back.
If the sum of Rs. 15,00,000/- was adjusted, even then as far as the interest is concerned, the same is not paid to him. He submits that applicant is placed in the same way that of the victim. He submits that there is an outstanding loan amount of financial institute approximately worth of Rs. 67,00,000/- on the flat of Mulund. 2.
Similar kind of submission is made by Mr. Mishra, learned counsel for the applicant (Sandesh Pawar).
3.
The learned APP submits that he will have to take instruction as to whether such amounts were received by 32 investors.
4.
In order to put to rest the entire dispute, the valuation would be necessary as the applicants desires to work out this matter. 5.
The learned APP to direct the investigating officer to check whether the 32 investors have received the monies so also, the investigating officer would check whether the properties attached of the present applicant (Sunil Gunjal) and his relatives being a flat at Mulund and parcel of land at Junnar, be valued.
6.
The applicants are directed to attend the office of the investigating officer on 17 March 2025, 18 March 2025 and 19 March 2025 between 11.00 am to 2.00 pm and furnish the document which the investigating officer will call upon and if available with the applicants.
7.
Stand over to 25 March 2025 under the caption "for urgent circulation."
8.
The interim relief granted earlier to continue till the next date.
(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 10/03/2025 19:52:05