Bombay High Court
MUKUND CHANDRAM BHAMBARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that anticipatory bail is warranted and granted to the applicant, subject to strict conditions.
Summary
Mukund Chandram Bhambar applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a 2022 FIR alleging offences under IPC sections 406, 409, 420 and 34, and Section 3 of the Maharashtra Protection of Interest of Depositors Act. The applicant claimed he was a victim who had invested Rs.1 crore in a scheme run by Shrimant Bazar (OPC) Private Limited, with Rs.35 lakh still outstanding, and that the alleged commission of Rs.53 lakh was actually repayment of his own investment. He asserted full cooperation with the Economic Offence Wing, having attended the police station about 30 times, and pointed out that the main accused had already been granted bail. The State argued that the applicant lured other investors and received a commission of Rs.53 lakh, thereby implicating him as a co‑accused. After reviewing the record, the Court concluded that the applicant’s cooperation, lack of prior criminal antecedents, and the fact that other co‑accused were on bail justified granting anticipatory bail, subject to stringent conditions. The order directed the applicant to furnish a bail bond, attend the police station on specified dates, provide contact details, refrain from influencing witnesses, and not leave India without permission.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in the present economic offence case
- Whether the applicant, who also invested in the scheme, should be treated as a co‑accused or a victim
- Whether the applicant’s cooperation with the investigating agency and lack of prior criminal record justify bail
- Whether imposing conditions such as surety, reporting, and non‑interference with witnesses is appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 34, 406, 409, 420
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3
Subjects
- anticipatory bail
- Section 482
- economic offence
- fraud
- IPC 406
- IPC 409
- IPC 420
- Maharashtra Depositors Act
- bail conditions
Judgment
32.ABA-2118.26.DOC
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by PRACHI
PRACHI PRANESH
PRANESH
NANDIWADEKAR
NANDIWADEKAR CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.01
16:19:20 +0530
ANTICIPATORY BAIL APPLICATION NO. 2118 OF 2026
Mukund Chandram Bhambar … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Satyavrat Joshi i/by Mr. Samay Pawan, for the Applicant
Mr. Mayur Sonavane, APP, for the Respondent-State.
Mr. Adsul, API attached to EOW Pimpari-Chinchwad Police
Commissionerate present.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 31 AUGUST 2026
P. C. :-
1. Heard Mr. Joshi, learned Counsel appearing for the
Applicant and Mr. Sonavane, learned APP appearing for the
Respondent-State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the applicant is seeking pre-arrest
bail in connection with C.R. No.512 of 2022 registered with
Bhosari Police Station, Pimpri-Chinchwad, Pune for the offences
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punishable under Sections 406, 409 and 420 read with 34 of the
Indian Penal Code, 1860 and Section 3 of the Maharashtra
Protection of Interest of Depositors (In Financial Establishments)
Act, 1999.
3. It is the submission of Mr. Joshi, learned counsel appearing
for the Applicant that although he has encouraged other investors
in depositing the amount in the scheme managed by Shrimant
Bazar (OPC) Private Limted, in fact the Applicant believed that
such investment will get attractive interest and the Applicant has
also invested in the said scheme an aggregate amount of Rs.1
crore. He submits that in fact, the Applicant is the victim and
about Rs.35,00,000/- out of the Applicant’s principal amount is
outstanding. He submits that although it is the case of the
prosecution that Rs.53,00,000/- has been received by the Applicant
as the commission, same is in fact repayment of the amount which
he has invested. He submits that in any case, the main accused has
been granted bail by an order dated 12 July 2024 passed by the
learned Additional Sessions Judge, Pune in Bail Application
No.4490 of 2022. He submits that there are no other antecedents.
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32.ABA-2118.26.DOC
4. Mr. Joshi further submits that the Applicant has attended the
concerned police station / office of Economic Offence Wing (EOW)
on about 30 occasions for the purpose of investigation and
completely cooperated with the investigation.
5. On the other hand, Mr. Sonavane learned APP submits that
an amount of Rs.53,00,000/- has been paid as commission either
to the Applicant or his wife. He submits that the Applicant has
lured many investors in depositing huge amount in the said
scheme. However, on instructions, he submits that an amount of
Rs.1,00,00,000/- has been invested by the Applicant in the said
scheme and amount of Rs.35,00,000/- is outstanding even as far
as the Applicant is concerned.
6. Perusal of the record shows that F.I.R. has been lodged in the
year 2022. There are total three Accused including the present
Applicant. Charge-sheet is already filed against other Co-Accused.
Although there is material on record to show that the Applicant
has encouraged other investors in investing the amount, however,
admittedly, even the Applicant has also invested an amount of Rs.1
crore in the said scheme and the amount of Rs.35,00,000/- of the
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32.ABA-2118.26.DOC
Applicant is outstanding. As far as other two Accused are
concerned, one of the Accused namely Shrikant Ramachar @
Shrikant Acharya has already been released on bail. Admittedly,
the Applicant has attended the concerned police station/EOW on
30 occasions. Accordingly, case is made out for grant of
anticipatory bail on following terms :-
ORDER
(a) In the event of arrest of the Applicant in connection
with C.R. No.512 of 2022 registered with the Bhosari
Police Station, Pimpri-Chinchwad, Pune, the Applicant
is directed to be released on bail on their furnishing
P.R. Bond in the sum of Rs.1,00,000/- with one or two
solvent sureties each in the like amount.
(b) The Applicant shall attend the concerned Police
Station on 7 September 2026 and 8 September 2026
between 11.00 am to 2.00 pm and, thereafter, as and
when necessary.
(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
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thereto.
(d) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(f) The Applicant shall not leave India without prior
permission of the Court.
(g) The Applicant shall cooperate with the Investigating
Officer and attend the concerned police station/EOW
as and when called by the Investigating Officer.
7. The observations made in this order are only for the purpose
for considering the anticipatory bail application.
8. Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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