Pawan Singh Bhopal Singh Rathod v. The State Of Maharashtra

1 19-ABA 543-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.543 OF 2026 Pawan Singh Bhopal Singh Rathod ... Applicant Vs.

The State of Maharashtra ... Respondent ----- Mr. Hemant Kenjalkar a/w Prathamesh Divekar, Ashwini Ghadage for the Applicant.

Mr. P. H. Gaikwad, APP for the Respondent-State. Mr. Pranav Badheka, Senior Advocate a/w Swapnil Wagh and Prathamesh Bhosale for the First Informant.

API Amol Keskar, Dadar PS is present.

----- CORAM :

N.R. BORKAR, J.

DATE :

04TH MARCH 2026 P.C. :

1.

This is an Application for anticipatory bail. 2.

The Applicant is apprehending his arrest in Crime No.953 of 2025 registered with Dadar Police Station for the offences punishable under Sections 316(4), 344, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

It is the case of the prosecution that the complainant company is involved in the business of pharmacy. It is alleged that the Applicant and his brother Phoolsingh, who is co-accused in the present crime, were employees of the complainant company. It is alleged that in January 2025 under the guise of procuring coins and small denomination currencies from the known vendors, co-accused Phoolsingh was permitted to retain cash from Prabhadevi shop. It is alleged that in November 2025 during the audit, it was revealed that the said retained cash was never deposited in

2 19-ABA 543-26.doc the bank account of the company and false information was furnished to the company regarding the coins vendor. During the course of investigation, co-accused Phoolsingh revealed that he had diverted the misappropriated funds into the bank account of the present Applicant for funding his new business. The allegations against them are thus of misappropriating Rs.15,88,150/-.

4.

I have heard Learned Counsel for the Applicant, Learned APP for the Respondent-State and Learned Senior Counsel for the First Informant. 5.

Learned Counsel for the Applicant submits that the Applicant has nothing to do with the alleged crime. It is submitted that the allegation of misappropriation are against the brother of the Applicant. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation. 6.

On the other hand, Learned APP for the Respondent-State and Learned Senior Counsel for the First Informant submit that the Applicant is the mastermind behind the misappropriation. It is submitted that the entire amount was made over to the present Applicant. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

7.

I have perused the FIR. The allegations of misappropriation are against the brother of the Applicant. There are no other criminal antecedents against the present Applicant. Considering the overall facts and circumstances, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

3 19-ABA 543-26.doc

ORDER

i.

The Anticipatory Bail Application is allowed. ii.

In the event of the arrest of the Applicant in Crime No.953 of 2025 registered with Dadar Police Station for the offences punishable under Sections 316(4), 344, 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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 Anticipatory Bail Application is disposed of in the aforesaid terms.

(N.R. BORKAR, J.)