Equitas Small Finance Bank through Officer Sagar Vinod Agrawal Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

Equitas Small Finance Bank through Officer Sagar Vinod Agrawal Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim anticipatory bail protection granted by order dated 31.12.2024 stands confirmed, subject to conditions (attendance at the concerned police station as and when required by the Investigating Officer; no tampering with prosecution evidence; no influencing of the informant or witnesses; co-operation with the investigation and trial Court proceedings; violation liable to cancellation). Criminal Application No. 323 of 2025 for assist to Public Prosecutor is allowed.

Issue for consideration

Whether the interim protection granted to the applicant by order dated 31.12.2024 in the anticipatory bail application should stand confirmed. +1 more

Court's answer

The interim protection granted by order dated 31.12.2024 stands confirmed.

Ratio / Principle

Confirmation of interim protection is subject to conditions: the applicant shall attend the concerned police station as and when required by the Investigating Officer; shall not tamper with the prosecution evidence or influence the informant, witnesses and other persons concerned; and shall co-operate with the investigation and the proceedings before the trial Court. Violation of any condition renders the protection liable to be cancelled.

Key takeaways

The observations in the order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed further in the matter without being influenced by the order.obiter¶¶37
Criminal Application No. 323 of 2025 in ABA/2211/2024, filed by Equitas Small Finance Bank for assist to Public Prosecutor, is allowed.ratio¶¶38

Detailed headnote1 paragraphs

Anticipatory bail — Confirmation of interim protection. Applicant arraigned in FIR arising out of a loan availed from Equitas Small Finance Bank; per the sanction letter she is neither the borrower nor the co-borrower, her name being implicated only because she signed a promissory note in connection with the loan of her husband Vijay Prakash Pawar (co-applicant: Prakash Govind Pawar). By order dated 31.12.2024 interim protection was granted, holding that insistence on deposit of title documents and execution of mortgage deed cannot be made against her. Counsel thereafter submitted that the husband closed the loan account by paying the entire outstanding amount, and the bank's counsel conceded the outstanding amounts are paid. Interim protection confirmed on conditions: appearance before the Investigating Officer as and when required, non-tampering with evidence, non-influencing of informant/witnesses, and co-operation with investigation and trial; breach liable to cancellation. Observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced. Connected Criminal Application No. 323 of 2025 (assist to Public Prosecutor) allowed. Coram: Arun R. Pedneker, J.; decision dated 01.04.2025.

2025:BHC-AUG:9707

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

61 ANTICIPATORY BAIL APPLICATION NO. 2211 OF 2024

KAVERI VIJAY PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Yogesh B. Bolkar APP for Respondent Nos. 1 and 2 : Ms. Neha B. Kamble

Advocate for Assist to PP : Mr. P. B. Kulkarni

h/f. Mr. M. D. Narwadkar

WITH

CRIMINAL APPLICATION NO. 323 OF 2025 IN ABA/2211/2024

EQUITAS SMALL FINANCE BANK THROUGH OFFICER SAGAR VINOD

AGRAWAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Advocate for Applicant : Mr. P. B. Kulkarni h/f. Mr. M. D. Narwadkar

APP for Respondent Nos. 1 and 2 : Ms. Neha B. Kamble

CORAM : ARUN R. PEDNEKER, J.

DATE : 01.04.2025

PER COURT :

This Court by order dated 31.12.2024 granted interim protection

to the applicant noticing the submissions in paragraph nos. 4, 5 and 6 :

“The learned counsel for the applicant submits that the applicant is neither the borrower nor the co-borrower with

..2.. 61-aba-2211-24

respect to loan availed from Equitas Small Finance Bank Limited. The name of applicant is implicated only because she has signed promissory note in connection with the loan of her husband Vijay Prakash Pawar. It is submitted that the necessary requirement of deposit of title documents of the property and execution of mortgage deed will have to be performed by the applicant and therefore this applicant needs to be protected by granting interim anticipatory bail.

Learned AGP Mr. V. S. Badakh opposes the application and submits that the applicant has signed the promissory note and has not co-operated in the deposit of title documents of the property and execution of mortgage deed.

Perused the FIR and the copy of sanction letter. The sanction letter shows the name of Vijay Prakash Pawar as applicant and Prakash Govind Pawar as co-applicant. The insistence for deposit of title documents and execution of mortgage deed cannot be made as against the applicant……….

The learned counsel appearing for the applicant submits that the the husband of the applicant has closed the loan account by paying the entire outstanding amount.

The learned counsel appearing for the respondent bank submits that outstanding amounts are paid.

..3.. 61-aba-2211-24

In view of the above, the interim protection granted by order dated 31.12.2024, stands confirmed in the following terms :

i] The applicant shall attend the concerned police station as and when required by the Investigating Officer.

ii] 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.

iii] 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 the trial Court shall proceed further in the matter without being influenced by this order.

Criminal Application No. 323 of 2025 for assist to Public Prosecutor is allowed.

( ARUN R. PEDNEKER ) JUDGE

shp/-