Allowed

Mahesh Kisan Motewar v. the State of Maharashtra

Bombay HC3 Jul 2023ABA/64/2021

Case brief

AI extract

What is this about?

High Court confirmed an interim anticipatory bail order granted on January 18, 2021, for an applicant facing charges in a flat rate deposit case. The court noted the investigation was complete and amounts involved were part of larger cases settled at Apex Court level.

What did the court decide?

Interim anticipatory bail order dated January 18, 2021, confirmed subject to standard conditions.

Mahesh Kisan Motewar Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

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46-aba64-2021.doc

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.64 OF 2021

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Mahesh Kisan Motewar … Applicant V/s. The State of Maharashtra … Respondent

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Mr. Sumedh Sonawane i/by Mr. Mayank Sharma for the applicant.

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VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESHJADHAV Date: 2023.07.0411:54:21 +0530

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Ms. Veera Shinde, APP for the respondent/State.

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CORAM : AMIT BORKAR, J. DATED : JULY 3, 2023

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P.C.:

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Apprehending arrest in connection with C.R. No.319 of 2019 registered with Mumbai Naka Police Station, Nashik on 10^th December 2016 for offences punishable under sections 406, 409, 34 of the Indian Penal Code, 1860 read with sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In financial Establishment) Act, 1999, the applicant is seeking pre-arrest bail under section 438 of the Criminal Procedure Code, 1973.

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One Pralhad Donde Hole lodged a report on 10^th December 2016, alleging that he and his friend had kept various amounts with the company controlled by the applicant as a deposit at guaranteed interest rate of 12% per annum. Total amount invested was Rs.36,40,645/-.

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46-aba64-2021.doc

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Similar complaints were filed throughout area. Ultimately, charge sheets were filed in the said complaints.

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The Apex Court in SLP (Crl.) No.7563 of 2018 released the applicant on regular bail in relation to charge sheet No.16 of 2016. In relation to charge sheet No.4 of 2018, the applicant was released in SLP (Crl.) No.1564 of 2019.

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On perusal of the material on record, it appears that the amount which forms subject matter of first information report No.319 of 2019, forms part of larger amount involved in aforesaid SLPs releasing applicant on regular bail. Apart from said fact, the investigation is complete. Therefore, custodial interrogation of the applicant is not necessary.

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This Court by order dated 18^th January 2021, protected the applicant by interim order. Therefore, the order dated 18^th January 2021 is confirmed subject to following conditions:

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a) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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b) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

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c) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not

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46-aba64-2021.doc

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change the residence till the final disposal of the case;

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