Bombay High Court
PAWAN SINGH BHOPAL SINGH RATHODversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- N R BORKAR
Holding
Since the allegations of misappropriation were directed against the applicant’s brother and the applicant had no prior criminal record, the court granted anticipatory bail subject to bond and sureties.
Summary
The High Court considered an anticipatory bail application filed by Pawan Singh Bhopal Singh Rathod, who feared arrest in a case alleging misappropriation of Rs.15,88,150 under Sections 316(4), 344 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant’s brother diverted company funds into the applicant’s bank account, portraying the applicant as the mastermind. The applicant’s counsel argued that the allegations were solely against the brother, that the applicant had no criminal antecedents, and was willing to cooperate with the investigation. The State’s counsel contended that the applicant was the principal offender and should not be released on bail. After reviewing the FIR and noting the lack of direct evidence against the applicant, the court granted anticipatory bail, imposing a personal bond of Rs.25,000 with one or two sureties and directing the applicant to cooperate with police investigations.
Issues considered
- Whether anticipatory bail should be granted to the applicant in view of the allegations of misappropriation under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(4), 344, 3(5)
Subjects
- anticipatory bail
- misappropriation of funds
- financial crime
- Bharatiya Nyaya Sanhita
- bail conditions
- cooperation with investigation
Judgment
1 19-ABA 543-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.543 OF 2026
Pawan Singh Bhopal Singh Rathod … Applicant
Vs.
The State of Maharashtra … Respondent
-----
Mr. Hemant Kenjalkar a/w Prathamesh Divekar, Ashwini Ghadage for the
Applicant.
Mr. P. H. Gaikwad, APP for the Respondent-State.
Mr. Pranav Badheka, Senior Advocate a/w Swapnil Wagh and Prathamesh
Bhosale for the First Informant.
API Amol Keskar, Dadar PS is present.
-----
CORAM : N.R. BORKAR, J.
DATE : 04TH MARCH 2026
P.C. :
1. This is an Application for anticipatory bail.
2. The Applicant is apprehending his arrest in Crime No.953 of 2025
registered with Dadar Police Station for the offences punishable under
Sections 316(4), 344, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. It is the case of the prosecution that the complainant company is
involved in the business of pharmacy. It is alleged that the Applicant and
his brother Phoolsingh, who is co-accused in the present crime, were
employees of the complainant company. It is alleged that in January 2025
under the guise of procuring coins and small denomination currencies
from the known vendors, co-accused Phoolsingh was permitted to retain
cash from Prabhadevi shop. It is alleged that in November 2025 during the
audit, it was revealed that the said retained cash was never deposited in
Mugdha 1 of 3
2 19-ABA 543-26.doc
the bank account of the company and false information was furnished to
the company regarding the coins vendor. During the course of
investigation, co-accused Phoolsingh revealed that he had diverted the
misappropriated funds into the bank account of the present Applicant for
funding his new business. The allegations against them are thus of
misappropriating Rs.15,88,150/-.
4. I have heard Learned Counsel for the Applicant, Learned APP for the
Respondent-State and Learned Senior Counsel for the First Informant.
5. Learned Counsel for the Applicant submits that the Applicant has
nothing to do with the alleged crime. It is submitted that the allegation of
misappropriation are against the brother of the Applicant. It is submitted
that there is no need of custodial interrogation and the Applicant is ready
and willing to cooperate in the investigation.
6. On the other hand, Learned APP for the Respondent-State and
Learned Senior Counsel for the First Informant submit that the Applicant
is the mastermind behind the misappropriation. It is submitted that the
entire amount was made over to the present Applicant. It is submitted that
considering the nature of crime, the Applicant may not be released on
anticipatory bail.
7. I have perused the FIR. The allegations of misappropriation are
against the brother of the Applicant. There are no other criminal
antecedents against the present Applicant. Considering the overall facts
and circumstances, I am inclined to release the Applicant on anticipatory
bail. Hence, the following order:-
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3 19-ABA 543-26.doc
ORDER
i. The Anticipatory Bail Application is allowed.
ii. In the event of the arrest of the Applicant in Crime No.953 of
2025 registered with Dadar Police Station for the offences
punishable under Sections 316(4), 344, 3(5) of the Bharatiya
Nyaya Sanhita, 2023, he shall be released on bail on
furnishing a PR Bond in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with one or two sureties in the
like amount.
iii. The Applicant shall attend the concerned Police Station as and
when called for by the investigating officer and shall co-
operate in the investigation.
8. The Anticipatory Bail Application is disposed of in the aforesaid
terms.
(N.R. BORKAR, J.)
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