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Bombay High Court

VISHNU RAMCHANDRA BHAGWATversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The court confirmed the interim bail order of 3 August 2023, made the conditions absolute, and disposed of the anticipatory bail application.

Summary

Vishnu Ramchandra Bhagwat applied for anticipatory bail under Section 438 of the CrPC in connection with offences under IPC Sections 420, 406 read with 34 and the Maharashtra Protection of Interest of Depositors Act, 1999 Sections 3 and 4. The trial court on 3 August 2023 granted interim bail with a bond and conditions to appear before the investigating officer. The applicant cooperated with the investigation, which was later completed and a chargesheet filed. No breach of bail conditions was alleged. The High Court, after hearing counsel for both sides, confirmed the interim bail order, made the conditions absolute, and disposed of the anticipatory bail application.

Issues considered

  • Whether the anticipatory bail granted on 3 August 2023 should be confirmed and the conditions made absolute despite the completion of investigation and filing of a chargesheet.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC offences
  • Depositors Protection Act
  • bail conditions
  • investigation
  • chargesheet

Judgment

                                                                     23-ABA-2170-2023.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
          ANTICIPATORY BAIL APPLICATION NO. 2170 OF 2023
Vishnu Ramchandra Bhagwat                                           ...Applicant
        Versus
State of Maharashtra                                                ...Respondents
_______________________________________________________________
Mr. Chetan Damre (through VC), Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
PSI S. R. Gunavare, Shahupuri Police Station, is present.
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 28th September, 2026.
P.C. :


1.       Heard Mr. Chetan Damre, learned Advocate for the Applicant

and Dr. A. A. Takalkar, learned APP for the Respondent – State.



2.       On 03.08.2023, the following order was passed :-


           1.         Apprehending arrest in connection with C.R. No. 766
           of 2022 dated 29 September 2022 registered with Shahupuri
           Police Station, Kolhapur for offences punishable under Sections
           420, 406 read with Section 34 of the Indian Penal Code, 1860
           and under Sections 3 and 4 of the Maharashtra Protection of
           Interest of Depositors (In Financial Establishment) Act, 1999,
           the applicant is seeking relief of pre-arrest bail under Section
           438 of the Criminal Procedure Code, 1973.
           2.         Prima facie it appears that at this stage of
           investigation, there is no material against the applicant of active
           involvement either of making payment or of receiving any
           amount from the investors. Except one entry received from the
           company, there is no material against the applicant.
           3.         The investigating officer is present. Further
           investigation is required to be done to ascertain the benefit


Arjun                                  1
                                                                  23-ABA-2170-2023.doc



          received by the applicant from investors amount. Till the
          material against the applicant is made available, the applicant
          deserves protection. Hence, following order:
          a) Till next date, in the event of arrest of the applicant in
          connection with C.R. No.766 of 2022 dated 29 September 2022
          registered with Shahupuri Police Station, Kolhapur for offences
          punishable under Sections 420, 406 read with Section 34 of the
          Indian Penal Code, 1860 and under Sections 3 and 4 of the
          Maharashtra Protection of Interest of Depositors (In Financial
          Establishment) Act, 1999, he be released on interim bail on
          furnishing P.R. Bond in the amount of Rs.25,000/- with one or
          two sureties in the like amount;
          b) The applicant shall remain present before the investigating
          officer on 5, 7 and 9 August 2023 between 11.00 a.m. to 2.00
          p.m. and thereafter as and when called by the concerned
          investigating officer;
          c) The applicant shall cooperate with the investigation and make
          himself available for interrogation whenever required;
          4. List the anticipatory bail application on 11 September 2023.




3.      Mr. Chetan Damre, learned Advocate for the Applicant, states

the Applicant has appeared before the Investigating Officer, Shahupuri

Police Station and has co-operated with the investigation in Crime No.

766 of 2022. He submits that the investigation in Crime No. 766 of

2022 is complete and the chargesheet is filed.



4.      Dr. A. A. Takalkar, learned APP for the Respondent – State, on

instructions from the Investigating Officer, Shahupuri Police Station,

states that the Applicant has appeared before the Investigating Officer,

that the investigation in Crime No. 766 of 2022 is complete, the

chargesheet is filed before the Sessions Court, Kolhapur and the same is

registered as Special Case No. 4 of 2024.

Arjun                                2
                                                                          23-ABA-2170-2023.doc



                5.      In view of the statements made by Mr. Chetan Damre, learned

                Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the

                Respondent – State, the Applicant being on interim bail since

                03.08.2023 and there being no allegations of any breach of conditions

                of the order dated 03.08.2023, this Application is allowed by confirming

                the order dated 03.08.2023 and making the condition nos 3(a) and (c)

                in the order dated 03.08.2023, absolute.



                6.      Anticipatory Bail Application No. 2170 of 2023 is disposed of.



                                                              (ASHWIN D. BHOBE, J.)


        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.30
        21:56:26
        +0530




                Arjun                            3


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