Bombay High Court
SOMNATH NARAYAN KADAMversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that, in the absence of proof that the applicant received any of the invested amounts, bail should be granted.
Summary
The Bombay High Court considered a bail application filed by Advocate Somnath Narayan Kadam, who was accused under multiple sections of the Bharatiya Nyaya Sanhita, 2023 relating to alleged investment fraud. The prosecution was asked to determine whether the applicant had received any of the invested amounts, which the applicant claimed he had not and that he was himself a victim. The court noted that the prosecution could not establish that the applicant was a beneficiary, and that his alleged role as an influencer was not sufficient to deny bail. Relying on the lack of evidence of receipt of funds, the court found a prima facie case for bail. Consequently, the court ordered his immediate release on bail with a personal bond of Rs. 25,000 and imposed standard conditions, including monthly reporting to the investigating officer and restrictions on leaving the state.
Issues considered
- Whether the applicant is a beneficiary of the alleged fraudulent investment scheme.
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita, 2023 justifies denial of bail.
- Whether the applicant's alleged influence over other investors warrants the denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(2), 336(3), 337, 338, 339, 340(2), 61(2)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- investment fraud
- beneficiary
- public notary
- influence
- conditions of bail
Judgment
26. BA-3190-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3190 OF 2026
Somnath Narayan Kadam .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Dr. Uday P. Warunjikar a/w Ms. Sonali R. Chavan & Ms. Aishwarya
R. Tuwar, Advocates for Applicant
Mr. Sukanta A. Karmakar, APP for State
Mr. Sameer Dabhade, ASI, EOW Pimpri Chinchwad
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 17, 2026
P. C.:
1. Heard Dr. Warunjikar, learned Advocate for Applicant; Mr.
Karmakar, learned APP for State and Mr. Dabhade, learned APP for
State.
2. By this Bail Application, Applicant - accused is seeking
enlargement on bail in C.R. No. 564/2025 registered with Bhosari
M.I.D.C. Police Station, Pimpari-Chinchwad, Pune for the offences
punishable under Sections 316(2), 318(4), 336(2), 336(3), 337, 338,
339, 340 (2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. On 12.08.2026 after hearing learned Advocates appearing for
the parties, following order was passed:-
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"1. The learned prosecution is directed to take appropriate
instructions to apprise the Court as to whether the Applicant in the
present bail application is beneficiary of any of the amount. The case
of the Applicant is that he himself is the victim of the issue which led
the complainant into investment, and he has been notarized the
Memorandum of Understanding (MoU) without verification of the
documents, is what the prosecution case is.
2. The learned prosecutor has drawn my attention to the
previous bail orders appended at Page 116. However, the bottom line
for considering the present Application would be whether the
Applicant is the beneficiary or otherwise. Appropriate instructions be
apprised by tomorrow.
3. Stand over to 13th August, 2026. To be listed first on Board."
4. Applicant before the Court is an Advocate practicing at the Bar.
He is also a Public Notary having been issued a license. Applicant
admittedly himself despite being accused is one such victim who has
invested substantial amount through his wife and details of the
Memorandum of Understanding entered by the Applicant has also
been seen by the Court.
5. Though the learned APP would vehemently argue that the
Applicant was an influencer due to which others also invested their
hard earned money, the moot question put to the prosecution as to
whether the Applicant was recipient of any of the amounts invested
has been answered in the negative. In that view of the matter, prima
facie, arguable case is made out by Dr. Warunjikar insofar as the role
attributed and the involvement of the Applicant is concerned. Save
and except that he may have persuaded two-three investors who
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invested money, there is nothing more to indict the Applicant in the
crime. Applicant has made out out a case for grant of Bail.
6. In view of the above the following order is passed:-
(i) Applicant is directed to be immediately released from
prison in connection with C.R. No. 564 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Bhosari MIDC Police Station, Pune, once every month
on the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court. He shall
deposit his passport, if any, with the Trial Court within
one week of being released from prison;
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(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
7. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
8. Bail Application is allowed and disposed of in the above
terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.17
20:44:48 +0530
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