SHEKHAR BAPUSAHEB CHINDHEversusSTATE OF MAHARASHTRA

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

           ANTICIPATORY BAIL APPLICATION NO. 1325 OF 2026

Mr. Shekhar Bapusaheb Chindhe                                  .. Applicant

               Vs.

The State of Maharashtra And Anr.                              .. Respondents

Ms. Manisha D. Katkar a/w Ms. Shruti P. Pokale i/b Mr. Aadesh V. Konde
Deshmukh, Advocate for the Applicant.

Mr. Mayur Sonawane, A.P.P. for the Respondent-State.
PSI Mr. Bhupesh Salunkhe attached to Sinhagad Road Police Station, Pune City is
present in the Court.
Mr. Raheez Malik, Advocate for the Informant-Complainant.


                                    CORAM : GAUTAM A. ANKHAD, J.
                                            (VACATION COURT)
                                    DATE       : 21st MAY 2026.

P.C. :

1.       The Applicant has filed this application seeking pre-arrest bail in C.R. No.

155 of 2026 registered with Sinhagad Road Police Station, District-Pune for the

offences punishable under Sections 318(4), 316(2) and 3(5) of the Bhartiya Nyaya

Sanhita, 2023 along with Sections 39 and 45 of Maharashtra Money Lending Act,

2014.

2.       Ms. Manisha Katkar, learned Counsel appearing for the Applicant submits

that the case of prosecution is that the Complainant had obtained loans from the

bank. In 2023 due to urgent business requirements, he required additional funds.
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The Complainant alleges that he was introduced to the Applicant through

Sambhaji Thorve. The Applicant agreed to provide the loan at unconscionable

interest rates and upon taking some properties from the Complainant. In essence,

Rs. 50,00,000/- was credited to the Complainant’s bank account. It is alleged that

the Complainant has repaid part of the said amounts, which includes Rs.

17,03,000/- through bank transactions and Rs. 6,50,000/- in cash. It is alleged that

Suraj Lokhande, Amit Kalate and Sambhaji Thorve are known to each other and

under duress, the Complainant was pressurized to sign various documents. It is

alleged that one the properties, which was taken from the Complainant under the

said documents, has been sold to third party by Amit Kalate causing loss to the

Complainant.

3.     Mr. Raheez Malik, learned Advocate appearing for Respondent No. 2-

Complainant opposes this application and submits that exorbitant interest rate has

been charged. On account of non-payment of the said interest, the Complainant’s

properties have been taken over and thereafter sold by Amit Kalate. However, the

Applicant was actively involved in this process.

4.     Mr. Mayur Sonavane, learned A.P.P. for the State submits that the custodial

interrogation is necessary since the Applicant has signed the Power of Attorney

dated 21st March 2023, which has been used while selling the galas through Amit

Kalate vide registered Agreement dated 8th November 2023.

5.     I have perused the record and heard the learned Counsel appearing for the

parties.
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6.     The transaction has occurred in the year 2023. Certain cheques were handed

over by the Complainant to the nephew of Applicant, who was also involved in the

transaction and these have been dishonoured in the year 2023. However, the First

Information Report has been lodged belatedly only on 17 th April 2026. There is no

explanation whatsoever for this delay other than the statement of Mr. Raheez

Malik, learned Advocate that a complaint was filed before the Police

Commissioner at Pune. The FIR itself records that the Applicant had on a few

occasions agreed to the terms and property transactions. The objection of Mr.

Mayur Sonavane, learned A.P.P. that the custodial interrogation is necessary since

the investigating officer requires the original Power of Attorney, cannot be

accepted at this stage since the original Power of Attorney dated 21 st March 2023

is annexed to the Deed of Assignment dated 8 th November 2023, which is a

registered document. I am informed that the said document is in possession of

Amit Kalate (Accused No. 2). The investigating officer can certainly proceed

against Amit Kalate for recovery of the said document.

7.     In light of the above, Anticipatory Bail Application No. 1325 of 2026 is

allowed on the following terms :-

         (a) In the event of arrest of the Applicant in FIR bearing

         C.R. No. 155 of 2026 dated 17 th April 2026 registered with

         Sinhagad Road Police Station, District-Pune for the

         offences punishable under Sections 318(4), 316(2) and 3(5)

         of the Bharatiya Nyaya Sanhita, 2023 along with Sections
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         39 and 45 of Maharashtra Money Lending Act, 2014, the

         Applicant shall be released on bail on furnishing P.R.

         Bond/S.B. Bond in the sum of Rs. 1,00,000/- with one or

         two local sureties in the like amount.



         (b) The Applicant shall report to the Investigating Officer

         of Sinhagad Road Police Station, District-Pune once in a

         week on every Monday between 11:00 a.m. and 2:00 p.m.

         till filing of the charge-sheet. In the event the Applicant is

         required on any other day by the Investigating Officer, the

         Applicant shall ensure his presence before the said Officer.



         (c) The Applicant shall not directly or indirectly tamper

         with the evidence nor influence any witnesses or persons

         concerned with the case.



         (d) The Applicant shall not leave India without prior

         permission of the trial Court.


         (e) The Applicant shall cooperate with the investigation

         and also in the proceedings before the trial Court.


8.     In the event, the Applicant violates any of the conditions specified in

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this order, the anticipatory bail granted herein shall be liable to be cancelled.

It is clarified that the observations made in this order are merely prima facie

observations and this Court has recorded the same only for the purposes of

deciding the Anticipatory Bail Application and the Trial Court shall proceed

with the matter without being influenced by the observations made

hereinabove.




                                                     [ GAUTAM A. ANKHAD, J. ]
      GITALAXMI
      KRISHNA
      KOTAWADEKAR
       Digitally signed by
       GITALAXMI KRISHNA
       KOTAWADEKAR
       Date: 2026.05.22
       21:43:13 +0530




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