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Bombay High Court

SHASHIKANT BALKRUSHNA KSHIRSAGARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dismissed

Holding

The anticipatory bail application is dismissed.

Summary

The applicant, Shashikant Balkrushna Kshirsagar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail in connection with a fraud case (CR No.153 of 2025) involving alleged cheating of 41 investors amounting to Rs.3,48,92,525. The prosecution alleged that the applicant, posing as the husband of a company director, induced investors to invest in a scheme and later issued bounced cheques, leading to charges under IPC Sections 34, 409, 406, 420 and Maharashtra Protection of Interest of Depositors Act Sections 3 and 4. The applicant failed to appear before the court despite multiple listings, and the State contended that he was absconding and the offences were serious. The trial court had already rejected an earlier anticipatory bail application on 5 February 2026, and no interim protection was granted thereafter. Considering the applicant's non‑appearance, the seriousness of the alleged fraud, and the absence of any interim relief, the High Court dismissed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged financial fraud and his alleged absconding.

Legislation cited

Subjects

  • anticipatory bail
  • financial fraud
  • absconding
  • Section 482
  • IPC
  • Maharashtra Protection of Interest of Depositors Act
  • bail jurisprudence

Judgment

                                                                           28.ABA.490.26.DOC




             Digitally signed
             by PRACHI
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.08.21
                                         CRIMINAL APPELLATE JURISDICTION
             17:52:39 +0530
                                  ANTICIPATORY BAIL APPLICATION NO. 490 OF 2026

                       Shashikant Balkrushna Kshirsagar                  … Applicant
                       V/s.
                       The State of Maharashtra                          …. Respondent
                                                      WITH
                                            APPLICATION NO. 219 OF 2026
                                                        IN
                                  ANTICIPATORY BAIL APPLICATION NO. 490 OF 2026

                       ABCD (Name not disclosed)                         … Applicant
                       V/s.
                       The State of Maharashtra                          …. Respondent
                                                  ______________________
                       None for the Applicant in ABA/490/26.
                       Ms. S.M. Yadav, APP, for the Respondent-State.

                       Ms. Aishwarya Pandit a/w Ms. Sakshi Singh i/by Mr. Ravi Dwivedi
                       for the Respondent.
                       Mr. Sanjay Shirsat, ASI attached to Bundgarden Police Station,
                       Pune present.
                                                ______________________

                                                  CORAM : MADHAV J. JAMDAR, J.
                                                  DATED : 17 AUGUST 2026
                       P. C. :-

                       1.         Along with this anticipatory bail application, Criminal

                       Application No. 219 of 2026 is wrongly tagged. Accordingly the

                       said application is de-tagged and removed from board.




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                                                      28.ABA.490.26.DOC




2.    None appears for the Applicant.


3.    This matter was placed before this Court on 12 August 2026.

Though the matter was called out in morning session on 12 August

2026, none had appeared and therefore, the matter was kept in

afternoon session and even in the afternoon session also, none had

appeared. Therefore, the matter was kept today under the caption

of ‘Dimissal.’ Today also, none appears for the Applicant.


4.    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.153 of 2025 registered with

Bundgarden Police Station, Pune City for the offences punishable

under Sections 34, 409, 406, 420 of the Indian Penal Code and

Sections 3 and 4 of the Maharashtra Protection of Interest of

Depositors (in Financial Establishments) Act, 1999.


5.    The prosecution case is set out in paragraph 2 of the order

dated 5 February 2026 passed by the learned Sessions Judge, Pune

in Criminal Bail Application No.6144 of 2025. The said paragraph

2 reads as under :-




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                                                                   28.ABA.490.26.DOC




      “2. Afore crime emerged from the report dated 12/05/2025 lodged by the
      informant Ashish Dattatray Pande alleging therein that he is serving at
      WNS, Musk, Wipro BPO company. His friend Ram Patil is serving in AKI
      Learning Skill India Pvt. Ltd. Ram Patil informed him about the scheme
      floated by Atmanirbhar Concepts India Pvt. Ltd., wherein they are giving
      best returns on investment. Accordingly, in November 2022, he went at the
      office of Atmanirbhar Concepts India Pvt. Ltd., where he got acquainted
      with the applicant through his friend Ram Patil. It is alleged that the
      applicant gave information about the scheme and introduced himself as
      husband of Manjusha Kshirsagar, a Director and agent of the company. He
      informed that he is looking after the affairs of the investment of the
      company and assured to give wholesome returns on his investment in the
      scheme. Posing faith on the applicant, the informant has started investing an
      amount of Rs.10,200/- per month. Initially, he was receiving good returns
      on his investment. As he was receiving good returns on his investment, he
      invested the amount of Rs.3.60 lacs. However, he did not receive the
      returns. When he reasoned the company, they issued the cheque of Rs.3.60
      lacs and Rs.1.20 lacs. On presentation of the cheques, it stood bounce. It is
      further alleged that the applicant and co-accused have lured the similarly
      situated persons like him in their trap and induced them. It is alleged that
      the applicant and co-accused have duped forty-one investors to the tune of
      Rs.3,48,92,525/-. Eventually, he filed the report.”


6.      As per the prosecution case, the Applicant and co-accused

have duped 41 investors to the tune of Rs.3,48,92,525/-. This

application has been filed on 16 February 2026 and pending for

last about six months. There is nothing on record to indicate that

the Applicant has been granted any ad-interim protection by this

Court.



7.      Learned APP appearing for the Respondent-State states that

the Applicant is absconding and offence is very serious where 41

investors have been duped and aggregate amount involved is

Rs.3,48,92,525/-.



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                                                   28.ABA.490.26.DOC




8.    Ms. Yadav, learned APP submits that charge-sheet is filed

against other Accused but not against the present Accused as he is

not cooperating with the investigation and absconding.



9.    The offence is registered on 12 May 2025. Learned Trial

Court has rejected the anticipatory bail application on 5 February

2026. Although this anticipatory bail application has been filed on

16 February 2026, till date, no ad-interim protection is granted to

the Applicant.



10.   Accordingly, Anticipatory Bail Application is dismissed for

non-prosecution.




                                        [ MADHAV J. JAMDAR, J.]




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