Bombay High Court

NAVIN ASHOK ISRANIversusTHE STATE OF MAHARASHTRA

Decided: 17 January 2026
Disposal: Rejected
Bench: N R BORKAR

Holding

Anticipatory bail is denied.

Summary

Navin Ashok Israni applied for anticipatory bail fearing arrest in Crime No.791 of 2024 under Section 316(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. He was alleged to have received Rs.1,25,64,894 from customers as store manager of Fairpick Private Limited and deposited only Rs.80,09,923 in the company’s bank account, with the balance purportedly misappropriated. The applicant claimed he had paid the entire amount, had no criminal antecedents and was willing to cooperate with the investigation. The State argued that the applicant had not deposited the full amount and that the nature of the alleged offence warranted denial of bail. The court examined the investigation papers, found no material to prove full payment, and considered the seriousness of the alleged misappropriation, consequently rejecting the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 316(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged misappropriation of funds.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(4), 3(5)

Subjects

anticipatory bail
misappropriation
economic offence
bail jurisprudence
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                                                            1                  919-ABA 2406-25.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                    ANTICIPATORY BAIL APPLICATION NO.2406 OF 2025

                      Navin Ashok Israni                                … Applicant
                            V/s.
                      State of Maharashtra                              … Respondent
                                                                -----
                      Mr. Pintu Singh for the Applicant.
                      Mr. B. V. Holambe Patil, APP for the Respondent-State.
                                                          -----

                                                         CORAM :        N.R. BORKAR, J.
                                                         DATE    :      17TH JANUARY 2026
                      P.C. :

MUGDHA                1.       This is an Application for anticipatory bail.
MANOJ
PARANJAPE
Digitally signed by   2.       The Applicant is apprehending his arrest in Crime No.791 of 2024
MUGDHA MANOJ
PARANJAPE
Date: 2026.01.17
19:25:22 +0530        registered with Vishnu Nagar Police Station for the offences punishable
                      under Section 316(4) read with 3(5) of the Bharatiya Nyaya Sanhita,
                      2023.

                      3.       It is the case of the prosecution that the Applicant was working as a
                      store manager of Fairpick Private Limited, Dombivali (W) Branch. It is
                      alleged that the present Applicant received a total amount of
                      Rs.1,25,64,894/- from the customers towards the sale transactions of the
                      store. Out of the said amount, the present Applicant only deposited
                      Rs.80,09,923/- in the bank account of the company. Thereafter, a similar
                      act of misappropriation was revealed at the Dombivali East Branch of the
                      store, carried out by the co-accused. The allegations against the present
                      Applicant are of misappropriating an amount of Rs.40,85,427/-.


                           Mugdha                                                                    1 of 2
                                   2               919-ABA 2406-25.doc




4.       I have heard Learned Counsel for the Applicant and Learned APP for
the Respondent-State.

5.       Learned Counsel for the Applicant submits that the Applicant had
paid the entire amount which he had received from the customers to the
company. It is submitted that there is no need of custodial interrogation
and the Applicant is ready and willing to cooperate in the investigation. It
is further submitted that there are no criminal antecedents against the
present Applicant.


6.       On the other hand, Learned APP for the Respondent-State submits
that the Applicant had received total amount of Rs.1,25,64,894/- from the
customers. It is submitted that out of the said amount, he had deposited
only Rs.80,09,923/- in the bank account of the company. It is submitted
that considering the nature of crime, the Applicant may not be released on
anticipatory bail.


7.       I have perused the papers of investigation. It appears that the
Applicant had received the total amount of Rs.1,25,64,894/- from the
customers and deposited Rs.80,09,923/- in the bank account of the
company. The Applicant has not placed on record any material to show
that he had paid the entire amount to the company. Considering the
nature of crime, I am not inclined to release the Applicant on anticipatory
bail. Hence, the Anticipatory Bail Application is rejected.


                                             (N.R. BORKAR, J.)




     Mugdha                                                              2 of 2

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