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Bombay High Court

AMOL LAXMAN SHINDEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail is granted to the applicant subject to the conditions specified by the court.

Summary

The Bombay High Court considered a bail application filed by Amol Laxman Shinde under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He was charged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of the Maharashtra Protection of Interest of Depositors Act, 1999 for allegedly receiving Rs 15,18,250 from five complainants and failing to return the full amount. The applicant had already refunded Rs 5,21,000 and pledged to deposit Rs 5,00,000 by 25 August 2026 and to pay the remaining balance in four installments. The court examined the applicant’s bonafide undertakings and the prosecution’s evidence, and concluded that bail could be granted provided strict monetary and reporting conditions. Accordingly, the court ordered his release on cash bail of Rs 25,000 with a surety, subject to detailed repayment and compliance conditions. Bail was granted and the application disposed.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged financial fraud offences
  • Whether the applicant’s repayment undertakings and partial restitution justify the imposition of monetary and reporting conditions for bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • financial fraud
  • depositors protection
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • Maharashtra Protection of Interest of Depositors Act

Judgment

                                                                           51.BA.3221.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.3221 OF 2026

              Amol Laxman Shinde                                      .. Applicant
                         Versus
              The State of Maharashtra                                .. Respondent
                                       ....................
               Mr. Mohan Anant Vishnu, Advocate for Applicant.
               Mr. Amit A. Palkar, APP for Respondent.
               PSI – Shrikant Gurav, Bhosari Police Station, Pimpri – Chinchwad.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : AUGUST 18, 2026
              P.C.:

              1.        Heard Mr. Vishnu, learned Advocate for Applicant and Mr.

              Palkar, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.119 of 2026 registered with Bhosri Police Station, Pimpri-

              Chinchwad, Pune for offences punishable under Sections 316(2),

              318(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 5 of

              the Maharashtra Protection of Interest of Depositors Act, 1999.


              3.        Mr. Vishnu has argued the present Application. Prima facie,

              he has also shown his bonafides also.               Even according to the

              prosecution case at the highest, Applicant has received an amount of

              Rs.15,18,250/- from 5 Complainants but in the interregnum he has



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                                                        51.BA.3221.2026.doc


returned part amount of atleast 3 out of 5 depositors. The balance

amount which is now required to be paid to the depositors is

Rs.15,80,250/-.


4.        Mr. Vishnu has persuaded the Court to consider the fact that

Applicant would be in position to ensure repayment of the balance

amount rather he would be in a better position to do the same once he

is released on bail. The issue with regard to deposits having been

accepted by the Applicant need not be gone into at this stage in view of

the submissions advanced by Mr. Vishnu for the simple reason that

Applicant has already returned Rs.5,21,000/- of the amount received

by him and the Applicant is assuring the Court by specific instructions

received from the relatives of the Applicant namely his wife that the

Applicant shall deposit Rs.5,00,000/- on or before 25.08.2026 before

the Additional Sessions Court, Pimpri-Chinchwad.


5.        The Applicant has also made another statement through his

Advocate dated 18.08.2026 that balance amount of Rs.10,18,000/-

will be paid by him in four tranches by way of four installments every

quarter. Such undertaking is filed on behalf of Applicant who is in

prison after obtaining instructions from the wife of the Applicant

through his counsel Mr. M. A. Vishnu who has signed the said

undertaking. The said undertaking is taken on record and marked ‘X’

for identification. I direct the Applicant to file a similar undertaking



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                                                         51.BA.3221.2026.doc


once he is released from prison within a period of one week from the

date of his release from prison. The said undertaking is accepted by

the Court since the Applicant has shown his bonafides.


6.        Without recording any issue on the merits of the matter,

Applicant is granted bail due to the aforesaid reasons subject to

following conditions:-

          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 119 of 2026;

          (ii) Applicant is directed to be released on cash bail of Rs.

                25,000/- (Rs. Twenty Five Thousand only) with one

                surety of the like amount;

          (iii) Applicant, is ordered to be released on bail on cash bail

                of Rs.25,000/- (Rs. Twenty Five Thousand only) and

                shall furnish one surety of the like amount within a

                period of one week from his date of release;

          (iv) As a condition for release Applicant shall deposit

                Rs.5,00,000/- on or before 25.08.2026 before the

                Additional Sessions Court, Pimpri-Chinchwad failing

                which this order shall stand automatically cancelled;

          (v) The balance amount of Rs.10,18,250/- shall be

                deposited by the Applicant in four tranches of

                Rs.2,50,000/- (3 installments) and Rs.2,68,000/- (1

                installment) within a period of eight months from today

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                                                                                        51.BA.3221.2026.doc


                                               at interval of two months each;

                                 (vi) Applicant shall report to the Investigating Officer at

                                               concerned Police Station once every month on the first

                                               Monday of the month between 10:00 a.m. to 12:00

                                               p.m.;

                                 (vii) 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;

                                 (viii)Applicant shall not leave the State of Maharashtra

                                               without prior permission of the Trial Court;

                                 (ix) Applicant shall not influence with any of the witnesses

                                               or tamper with the evidence in any manner;

                                 (x) 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

                                 (xi) Any infraction of the conditions shall entail cancellation

                                               of bail granted to the Applicant.

               7.                Bail Application is allowed and disposed of in the above

               terms.


H. H. SAWANT                                                             [ MILIND N. JADHAV, J. ]

               HARSHADA by
                            Digitally signed
                           HARSHADA
                        HANUMANT
                                                                                                    4 of 4
               HANUMANT SAWANT
               SAWANT   Date: 2026.08.19
                            19:18:38 +0530


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