Devidas Daulat Mahale Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Devidas Daulat Mahale Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of interim protection (anticipatory bail): upon arrest in FIR No.0342/2023, release on bail on furnishing a PR bond of Rs.15,000/- with one or two sureties in the like amount, subject to conditions of attending the police station as and when called, not tampering with the evidence of the prosecution or influencing the informant/witnesses, and co-operating with the investigation and the proceedings before the trial Court.

Issue for consideration

Whether the applicant, apprehending arrest in FIR No.0342/2023 (Pimpalner Police Station, District Dhule) for offences under ss.405, 406, 420, 468 read with 34 IPC, is entitled to anticipatory bail / confirmation of the interim protection granted on 25/01/2024.

Court's answer

There is no evidence against the applicant other than the informant's statement alleging his association with Cytrus Check Inns Limited; the applicant is a representative of the company authorized by the Pimpalner Office, and it cannot be said that the applicant benefited from any of the investments.

Ratio / Principle

The interim protection granted on 25/01/2024 is confirmed: in the event of arrest in FIR No.0342/2023 the applicant shall be released on bail on a PR bond of Rs.15,000/- with one or two sureties in the like amount, subject to conditions (attendance at the police station as and when called, no tampering with prosecution evidence or influencing of the informant/witnesses, co-operation with the investigation and trial Court proceedings); breach renders the order liable to cancellation.

Key takeaways

The observations made in the order are limited to the disposal of the present anticipatory bail application; the trial Court shall proceed further in the matter without being influenced by them.obiter¶32

Detailed headnote1 paragraphs

Anticipatory bail — FIR No.0342/2023, dated 29/11/2023, Pimpalner Police Station, District Dhule — offences punishable under ss.405, 406, 420, 468 read with 34 IPC — applicant alleged to have, with four other accused, deceived the informant by falsely promising good returns on an investment of ₹5,00,100/- which matured on 06/03/2019 and was not repaid — applicant contends the invested money is with Cytrus Check Inns Limited, that he is neither a director, member nor agent of the company, and that he is himself a victim; Khushal Fakira Gangurde pointed out as agent of Kasturabai Fakira Gangurde, not of the applicant — Held: there is no evidence against the applicant other than the informant's statement alleging association with the company; being a representative of the company authorized by the Pimpalner Office, it cannot be said that he benefited from the investments — interim protection granted on 25/01/2024 confirmed — release on PR bond of Rs.15,000/- with one or two sureties in the like amount, subject to conditions of attendance at the police station, non-tampering with evidence, non-influencing of witnesses and co-operation with investigation — breach liable to cancellation — observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced.

2025:BHC-AUG:2150

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

33 ANTICIPATORY BAIL APPLICATION NO. 146 OF 2024

Devidas Daulat Mahale

VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Bagul Rahul Bhagawantrao and Mrs. Bagul Sangita R.

APP for Respondents-State: Mr. B. B. Bhise

CORAM : ARUN R. PEDNEKER, J.

Dated : January 27, 2025.

PER COURT :-

Heard learned counsel for the applicant and the learned APP for the respondent-State.

The applicant is apprehending arrest in connection with FIR No.0342/2023, dated 29/11/2023, registered at Pimpalner Police Station, District Dhule, for the offences punishable under sections 405, 406, 420, 468 read with 34 of the Indian Penal Code.

The case against the applicant is that he, along with four other accused, deceived the informant by misrepresenting facts and falsely promising good returns on the investments. The informant invested an amount of ₹5,00,100/- relying upon the statements of the accused. The investment, along with the repayment, matured on 06/03/2019.

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However, neither the promised returns nor the principal investment amount was returned to the informant despite several demands. Consequently, an FIR has been registered against the applicant and four other accused.

The learned Counsel for the applicant submits that the money invested by the informant is not in the possession of the applicant but with Cytrus Check Inns Limited. The applicant is neither a director nor a member of the company, nor is he an agent of the company. The applicant himself is a victim, like the informant. The learned Counsel for the applicant points out that the actual investment received from the informant has been produced on record and submits that Khushal Fakira Gangurde is the agent of Kasturabai Fakira Gangurde and not the present applicant.

This Court, by order dated 25/01/2024, granted interim protection to the applicant. There is no evidence against the applicant other than the statement of the informant alleging that the present applicant is associated with Cytrus Check Inns Limited. Furthermore, considering that the applicant is a representative of the company authorized by the Pimpalner Office, it cannot be said that

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33 ABA 146-2024

the applicant benefited from any of the investments.

In view of the above, the interim protection granted to the applicant is confirmed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.0342/2023, dated 29/11/2023, registered at Pimpalner Police Station, District Dhule, for the offences punishable under sections 405, 406, 420, 468 read with 34 of the Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and

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33 ABA 146-2024

the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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