Bombay High Court
NIHAL ASHOK RASTEversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The Court confirmed the anticipatory bail order dated 5 September 2023, making conditions (I) and (III) absolute, and disposed of the application.
Summary
The applicant, Nihal Ashok Raste, filed an anticipatory bail application in connection with CR No. 278 of 2022, which alleged offences under Sections 406, 420 and 34 of the Indian Penal Code relating to alleged fraud by his father. The investigating police had completed the investigation, filed a charge‑sheet and the matter was pending before the Sessions Court. The applicant was already on interim bail since 5 September 2023 with certain conditions, and there were no allegations of breach. Both counsel for the applicant and the State agreed that the investigation was complete and the applicant had complied with the bail conditions. The Court therefore confirmed the earlier anticipatory bail order, made conditions (I) and (III) absolute, and disposed of the application.
Issues considered
- Whether the anticipatory bail granted on 5 September 2023 should be confirmed and the conditions made absolute.
- Whether there is any breach of the bail conditions by the applicant.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 406, 420
- Maharashtra Protection of Interest of Depositors (in Financial Establishment) Ordinance, 1999
Subjects
- anticipatory bail
- IPC 406
- IPC 420
- criminal procedure
- bail conditions
- financial fraud
- Maharashtra Protection of Interest of Depositors Ordinance
Judgment
25-ABA-2479-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2479 OF 2023
Nihal Ashok Raste ...Applicant
Versus
State of Maharashtra ...Respondents
_______________________________________________________________
Mr. Suresh Mane (through VC) Advocate for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
GPSI Ganesh Chavan, Vishrambag Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th September, 2026.
P.C. :
1. Heard Mr. Suresh Mane, learned Advocate for the Applicant and
Dr. A. A. Takalkar, learned APP for the Respondent – State.
2. On 05.09.2023, the following order was passed :-
1) Heard the learned counsel for the applicant and
the learned APP for the State.
2) This is an application for pre-arrest bail in
connection with C.R. No. 278 of 2022, registered with
Vishram Bag police station, Sangli, for the offences
punishable under Sections 406 and 420 read with Section 34
of Indian Penal Code, 1860.
3) The first informant lodged a report with the
allegations that the co-accused No. 1 Ashok Raste, the father
of the applicant, induced him to invest a sum of
Rs.8,00,000/- in Qualirtas Agro Exim Services, by making a
false representation of lucrative returns. The said amount was
not paid along with the return, as promised. It was alleged
that the accused No. 1 had informed the first informant that
the present applicant and Nihal. Rajesh and Sharad Kulkarni
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were working in the said firm.
4) Prima facie there are no allegations of inducement
qua the applicant.
5) The learned APP submitted that in the course of
investigation upon finding that the co-accused No. 1 had
deceived other persons also, the provisions of the
Maharashtra Protection of Interest of Depositors (in Financial
Establishment) Ordinance, 1999 have been invoked.
6) The learned APP seeks time to take instructions as
regard the complicity of the applicant.
7) Hence, the following order:-
ORDER
I) In the event of arrest of the applicant in
connection with C.R. No. 278 of 2022, registered with
Vishram Bag police station, Sangli, for the offences
punishable under Sections 406 and 420 read with Section 34
of Indian Penal Code, 1860, the applicant be released on bail
on executing a PR Bond in the sum of Rs.30,000/-with one or
two sureties in the like amount.
II) The applicant shall co-operate with the
investigation and attend Vishram Bag police station, Sangli,
on every Sunday in between 10.00 am to 12.00 pm till the
next date.
III) The applicant shall not tamper with the
prosecution evidence and/or give threat or inducement to the
first informant and any of the persons acquainted with the
facts of the case.
IV) Stand over to 10th October, 2023.
3. Mr. Suresh Mane, learned Advocate for the Applicant, states that
the Applicant has appeared before the Investigating Officer, Vishrambag
Police Station and has co-operated with the investigation in Crime No.
278 of 2022. He submits that the investigation in Crime No. 278 of
2022 is complete, the chargesheet is filed and the matter is proceeding
before the Sessions Court Sangli. He submits that the Applicant is
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regularly appearing before the Sessions Court at Sangli.
4. Dr. A. A. Takalkar, learned APP, on instructions from the
Investigating Officer, Vishrambag Police Station, submits that
investigation in Crime No. 278 of 2022 is complete and chargesheet has
been filed. She submits that the matter is now before the Sessions
Court, Sangli.
5. In view of the statements made by Mr. Suresh Mane, learned
Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the
Respondent – State, the Applicant being on interim bail since
05.09.2023 and there being no allegations of any breach of the
conditions of the order dated 05.09.2023, this Application is allowed by
confirming the order dated 05.09.2023 and making the condition nos.
(I) and (III) in the order dated 05.09.2023, absolute.
6. Anticipatory Bail Application No. 2479 of 2023 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.28
21:37:02
+0530
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