Bombay High Court
PRITI WILSON SHINDEversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The anticipatory bail application is allowed, confirming the interim order with specified conditions.
Summary
Priti Wilson Shinde, the wife of a main accused in a financial fraud case, applied for anticipatory bail under sections 318(4), 316(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. She had been given interim bail by the trial court on 23‑09‑2025, which the High Court extended on 17‑10‑2025. The prosecution argued that she facilitated the fraud by allowing her bank account to be used and should be interrogated. The Court examined the FIR, found no direct allegation of her inducing investors, noted her cooperation with investigators, and relied on a prior decision (Shelke) that a wife with no proven conspiratorial role may be granted bail. Consequently, the Court allowed the anticipatory bail, confirmed the interim order, and imposed reporting and other conditions.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite alleged involvement in the fraud.
- Whether the interim bail order should be continued pending trial.
- Whether the conditions imposed are sufficient to safeguard the investigation and trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 3(5)
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3
Subjects
- anticipatory bail
- fraud
- criminal breach of trust
- financial scam
- bail conditions
- investigation cooperation
- women in criminal law
Judgment
11-ABA-2408-2025 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 2408 OF 2025
Priti Wilson Shinde … Applicant
Versus
The State Of Maharashtra … Respondent
——————
Mr. Kuldeep U. Nikam for the Applicant.
Mr. A.S. Shalgaonkar, A.P.P. for the Respondent-State.
——————
Coram : MEHROZ K. PATHAN, J.
Date : 25th June 2026.
PER COURT :
1. The Applicant has approached this Court seeking anticipatory bail in
connection with F.I.R. No. 0031 of 2025, dated 07/02/2025, registered with
Vishrambag Police Station, District Sangli, for the offences punishable under
Sections 318(4), 316(5), 3(5) of The Bharatiya Nyaya Sanhita, 2023 and
Section 3 of The Maharashtra Protection of Interest of Depositors (in
Financial Establishments) Act, 1999.
2. The Applicant - Priti Wilson Shinde is the wife of the main accused
Ashutosh P. Kasekar. The Applicant was called upon by issuing a notice under
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Section 35 of The Bharatiya Nagarik Suraksha Sanhita, 2023. The Applicant
has attended the Investigating Officer on 3 rd June 2025 and since then have
cooperated with the investigation. The Applicant was arraigned as an
accused only after seven months of filing of the F.I.R. i.e. on 02/09/2025. The
Applicant was protected by the interim order passed by the trial Court dated
23/09/2025. During the pendency of the Criminal Bail Application before
the Sessions Judge, the Applicant was directed to attend the Police Station as
and when called upon by the Investigating Officer by a written notice. The
said interim order was operating till the Bail Application came to be rejected
finally by the learned Sessions Judge on 23/09/2025. The Applicant has
approached this Court by filing the present Application. This Court vide
order dated 17/10/2025 had protected the Applicant and continued the
interim relief granted by the learned Sessions Judge, which is operating since
till today. The Applicant is a woman and the wife of main accused. There are
transactions relied upon by the prosecution between the Applicant and the
main accused Ashutosh, who is the husband of the Applicant. To show the
involvement of the present Applicant in the said crime apart from the
aforesaid transactions there are no allegations of inducements at the behest
of the present Applicant to any of the investors. Hence, the Applicant may be
protected by continuing and confirming the interim order dated 17/10/2025.
3. Learned A.P.P. on the other hand strongly opposes the anticipatory bail
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application on the ground that the Applicant is involved in serious offence of
fraud and criminal breach of trust committed by her husband. There are
transactions to show that the Applicant was played an important role in the
entire scam. The Applicant has facilitated her bank account to be used for
the investment to be carried out by the gullible investors. Though the
Applicant is not named in the F.I.R., however the investigation conducted
thereafter had revealed the role of the present Applicant to be one of the
associates of the main accused Ashutosh. The main accused Ashutosh is
already arrested and behind bars. The custodial interrogation of the
Applicant is thus necessary to complete the investigation from all angles.
4. I have gone through the investigation papers made available by the
learned A.P.P. and the Affidavit filed by the prosecution in the present case.
The perusal of the F.I.R. does not reveal the role of the present Applicant in
inducing either the complainant or any other investor. The Applicant was
protected by the interim order passed by the learned Sessions Judge vide
order dated 23/09/2025. The interim protection was continued by the order
dated 17/10/2025 passed by this Court. The Applicant was directed to
attend the Police Station as and when called for by the Investigating Officer.
Learned counsel for the Applicant submits that when the interim order passed
by the learned Sessions Judge was operating, the Applicant has attended the
Police Station and thereafter the Applicant was never called upon. However,
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the Applicant is ready to abide by the condition of attending the Police
Station. The Single Bench of the Principal Seat of the High Court of Bombay
in the case of Nilesh Ramrao Shelke v. State of Maharashtra in Anticipatory
Bail Application No.1622 of 2024, decided on 21/06/2024 , was pleased to
observe as under :
“10. But, it is significant to note that in the present case, the
applicant in Anticipatory Bail Application No.1622 of 2024, is a
lady and she is the wife of the applicant in the other Anticipatory
Bail Application. At present, it appears that the material against
her is that the loan amounts were siphoned off and credited in her
account and that on a few occasions, such amounts were
transferred from her account to that of her husband i.e. accused
no.2. Other than being the alleged beneficiary of such ill-gotten
money, at this stage, it does not appear that the said applicant was
involved in the conspiracy or that she was the brain behind the
modus operandi for duping the informant. It appears that the
accused No.2 i.e. her husband alongwith accused No.1, had
undertaken the aforesaid activity. Therefore, on this sole ground, it
would be appropriate to grant relief to accused No.3-Jayshree
Nilesh Shelke, while rejecting the application of her husband i.e.
accused No.2-Nilesh Ramrao Shelke.”
5. Thus, taking into consideration that the Applicant was already
protected by the interim order passed by this Court and there are no direct
allegations against the Applicant, the Applicant is not having any criminal
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antecedents and is ready to abide by any conditions, I am inclined to pass the
following order :-
ORDER
i. The Application is allowed.
ii. The interim order dated 17/10/2025 is hereby confirmed.
However, subject to additional conditions that the Applicant -
Priti Wilson Shinde shall attend the concerned Police Station
and report to the Investigating Officer on 1 st and 15th of every
month, till framing of the charge by the learned trial Court.
iii. The Applicant shall also cooperate with the investigation.
iv. The Applicant shall not pressurize the prosecution witnesses
and shall not tamper with the prosecution evidence, in any
manner.
v. The Applicant shall submit his Aadhar Card and Pan Card to the
Investigating Officer along with mobile numbers and addresses
of two of his near relatives.
vi. The Applicant shall not leave the country without leave of the
trial Court and shall surrender his passport to the Investigating
Officer.
6. Needless to say, a single violation of any of the conditions imposed by
this Court shall entitle the prosecution and the complainant to seek
cancellation of bail of the present Applicant.
7. The Application stands disposed of accordingly.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR [ MEHROZ K. PATHAN, J. ]
KUMBHAKARN Date:
2026.06.29
19:10:48
+0530
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