Rupali Amol Dalvi and Anr. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Rupali Amol Dalvi and Anr. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed at present (interim): applicant directed to attend and meet the IO on 28/4/2025, 29/4/2025 and 30/4/2025 between 10.00 a.m. to 2.00 p.m. to hand over/show details of monies handed to Hari Dhondiram Shirtode; no coercive steps against the applicant till the next date of hearing; matter stood over to 5/5/2025 under the caption 'for urgent circulation'.

Issue for consideration

Whether the anticipatory bail application of Suvarna Basawraj Charkai — who, according to counsel, collected the complainant's and victims' monies and handed them to Hari Dhondiram Shirtode, operator of 'Tirupati Bishi', and who is not shown as an accused in the present crime — should be allowed. +1 more

Court's answer

The Court was inclined to allow the application considering that the applicant is a lady, that no criminal antecedents are reported against her, and that she is ready to cooperate with the IO by handing over documents showing payments made to Hari Dhondiram Shirtode.

Ratio / Principle

The application was allowed at present, by directing the applicant to attend and meet the IO in order to hand over all details of the monies she had handed over to Hari Dhondiram Shirtode.

Key takeaways

The applicant was directed to attend and meet the IO on 28/4/2025, 29/4/2025 and 30/4/2025 between 10.00 a.m. to 2.00 p.m. to show all details of the monies she handed over to Hari Dhondiram Shirtode.ratio¶22
As an interim measure, no coercive steps were to be taken against the applicant till the next date of hearing; the matter was stood over to 5/5/2025 under the caption 'for urgent circulation'.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail — bishi-related economic offence — Applicant Suvarna Basawraj Charkai stated (per counsel) to have collected the monies of the complainant/victims and handed them to Hari Dhondiram Shirtode, who ran 'Tirupati Bishi'; counsel submitted that more than 50% of such transfers were by bank transfer and that Shirtode, though the operator, is not shown as an accused in the present crime, whereas he and his wife Ankita Hari Shirtode are accused in Crime No. 490/2023 and were granted protection by this Court vide order dated 19/3/2024 in Anticipatory Bail Application No. 616/2024. The applicant, a lady with no reported criminal antecedents, had attended the IO's office five-six times though her statement was not recorded. Held (Rajesh S. Patil, J.): application allowed at present, subject to the applicant attending and meeting the IO on 28, 29 and 30 April 2025 (10 a.m. to 2 p.m.) to hand over details of the monies handed to Shirtode; meanwhile no coercive steps against her till the next date; matter stood over to 5/5/2025 under the caption 'for urgent circulation'. Heard along with Interim Application No. 1362/2025 in ABA 164/2025 (Rupali Amol Dalvi and Anr.). No statute or precedent discussed.

Diksha Rane 45 ABA 164-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 164/2025

SUVARNA BASAWRAJ CHARKAI ..APPLICANT VS.

STATE OF MAHARASHTRA ..RESPONDENT

WITH INTERIM APPLICATION NO. 1362/2025 IN ANTICIPATORY BAIL APPLICATION NO. 164/2025

RUPALI AMOL DALVI AND ANR ..APPLICANT VS. STATE OF MAHARASHTRA ..RESPONDENT

Adv. Prasad Panchal i/b. Adv. Akshay Jadhav for applicant. Mr. A. S. Patil, APP for State. Adv. Shubham Gangan for respondent no.2. Adv. Omkar Chitale for intervener in IA.

CORAM : RAJESH S. PATIL, J.

DATE : APRIL 21, 2025.

P.C. :

1. The learned counsel for the applicant submits that a person by name Hari Dhondiram Shirtode, who used to run ‘Tirupati Bishi’. The present applicant invested her own money in the ‘Tirupati Bishi’. As far as the present complainant and the applicant are concerned, they are well aware that it is Hari Dhondiram Shirtode who is running

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Diksha Rane 45 ABA 164-2025.doc

bishi, the applicant used to collect the monies of the present complainant and the victims and hand it over to Hari Dhondiram Shirtode. The monies which were transferred to Hari Dhondiram Shirtode, more than 50% of the said amount was a bank transfer which can be easily shown by the present applicant to the IO. However, the IO was not ready to allow the present applicant to meet him and show the details of the amount paid to Hari Dhondiram Shirtode. In the present crime, Hari Dhondiram Shirtode is not shown as an accused. In Crime No.490/2023 Hari Dhondiram Shirtode and his wife Ankita Hari Shirtode are accused. They have been granted protection by this Court vide order dated 19/3/2024 in Anticipatory Bail Application No.616/2024.

2. The applicant is ready to cooperate with the police. The applicant has already attended at least five to six times the office of the concerned IO. The statement of the present applicant, however, was not recorded by the IO.

3. Considering the fact that the present applicant is a lady, so also, there is no criminal antecedents reported against the applicant and she is ready to cooperate with the IO by handing over all the documents whereby the payments handed over to Hari Dhondiram

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Diksha Rane 45 ABA 164-2025.doc

Shirtode who was running bishi can be seen.

4. At present, I am of the view that the application should be allowed, by directing the applicant to attend and meet the IO in order to hand over all the details of the monies which she had handed over to Hari Dhondiram Shirtode.

5. The applicant to attend and meet the IO in order to show all the details of the monies which she handed over to Hari Dhondiram Shirtode on 28/4/2025, 29/4/2025 and 30/4/2025 between 10.00 a.m. to 2.00 p.m.

6. Stand over to 5/5/2025 under the caption “for urgent circulation” .

7. In the meanwhile, no coercive steps be taken against the present applicant till the next date of the hearing.

(RAJESH S. PATIL, J.)

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Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 23/04/2025 16:59:55