SHARAD MADHAV AHIWALEversusTHE STATE OF MAHARASHTRA AND ANR.

                                                          11-ABA-534-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO. 534 OF 2026
Sharad Madhav Ahiwale                                     … Applicant
      Versus.
The State of Maharashtra And Anr.                       … Respondents
                                -----
Mr. Rahul Dhaygude (through VC) a/w Preeti Dawada, Advocate for the
Applicant.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
                                   -------

                                 CORAM :     ASHWIN D. BHOBE, J.
                                  DATE :     21st September, 2026.
P.C. :


1.       Heard, Mr. Rahul Dhaygude, learned Advocate for the Applicant

and Mrs. S. N. Deshmukh, learned APP for the Respondent – State.



2.       By this Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail,

apprehending arrest in Crime No. 276 of 2026 registered with the

Phaltan City Police Station for offences punishable under Sections

316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.



3.       Mr. Rahul Dhaygude, learned Advocate for the Applicant, submits

that there are three (3) Accused in Crime No. 276 of 2026 and that the

Applicant is Accused No. 2.
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4.      Mr. Rahul Dhaygude, learned Advocate for the Applicant, submits

that the Applicant is employed as a Clerk in the Phaltan Municipal

Council. He submits that the allegations against the Applicant are that

the House-tax payers who paid the amount towards house tax and

water bills by cheque have not been properly acknowledged by the

Applicant. He submits that the allegations against the Applicant are that

despite receiving a cheque of Rs. 20,007/-, the Applicant has issued a

receipt of Rs. 2,007/-. He states that the said cheque amount was

deposited in the Bank Account of the Phaltan Municipal Council and

that there was no misappropriation of the said amount. He further

submits that it may have been an error, due to which the Applicant

issued a receipt for Rs. 2,007/- instead of Rs. 20,007/-. He submits that

there are no other allegations against the Applicant.



5.      Mrs. S. N. Deshmukh, learned APP for the Respondent – State,

submits that although the Applicant received Rs. 20,007/- by cheque,

the Applicant issued a receipt for Rs. 2,007/- only. She submits that

custodial interrogation of the Applicant is required in this regard.



6.      Perused the records with the assistance of the learned Advocates

for the parties.



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7.      Apparently, the cheque for Rs. 20,007/-, issued by the House-tax

payer, is in the name of the Phaltan Municipal Council. The statement

made by Mr. Rahul Dhaygude, learned Advocate for the Applicant, that

the said cheque amount of Rs. 20,007/- stands deposited and credited

in the account of Phaltan Municipal Council is not disputed by Mrs. S.

N. Deshmukh, learned APP. As per the allegations in Crime No. 276 of

2026, the Applicant ought to have issued a receipt for Rs. 20,007/-,

however, the Applicant has issued a receipt for Rs. 2,007/-. The

prosecution has not alleged that the Applicant misappropriated the said

cheque amount or withdrew it from the Bank.



8.      No case is made out for custodial interrogation of the Applicant in

Crime No. 276 of 2026, particularly in the absence of allegations that

the Applicant misappropriated the said cheque amount of Rs. 20,007/-

of Phaltan Municipal Council.



9.      Considering the facts and circumstances, this Application is

allowed on the following conditions :-



           (a)     In the event of the arrest of the Applicant in

           Crime No. 276 of 2026 registered with Phaltan City

           Police Station, the Applicant shall be released on bail


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        upon furnishing a PR bond of Rs. 10,000/- with one or

        two sureties in the like amount, to the satisfaction of

        the Investigating Officer of Phaltan City Police Station.



        (b)    Applicant shall appear and report to the

        Investigating Officer, Phaltan City Police Station, on

        28th, 29th and 30th September, 2026, from 10:00 am to

        12:00 noon and thereafter as and when required by

        the Investigating Officer in Crime No. 276 of 2026.

        The Applicant shall cooperate with the investigation in

        Crime No. 276 of 2026.



        (c)    Applicant shall not directly or indirectly make

        any inducement, threat or promise to any person/s

        acquainted with the facts of the case to dissuade such

        person/s from disclosing the facts to the Court or any

        police officer.



        (d)    Applicant shall not tamper with evidence in any

        manner.



        (e)    Applicant shall provide the Investigating Officer

        with his residential address along with proof, his
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                           contact   number,    email         and   must   inform   the

                           Investigating   Officer       of   any   changes   to    this

                           information from time to time.



                10.     Anticipatory Bail Application No. 534 of 2026 is disposed of.



                                                                     (ASHWIN D. BHOBE, J.)




ARJUN    Digitally
KRISHN   signed by
         ARJUN
A        KRISHNA
RODGE    RODGE
         Date:
         2026.09.22
         10:34:58
         +0530




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