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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4)
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 4, 5
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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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
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HANUMANT SAWANT
SAWANT Date: 2026.08.19
19:18:38 +0530
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