Bombay High Court
JITENDRA MANOHAR BALLADKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant with specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (C.R. No.122 of 2024) alleging cheating under IPC sections 406, 409, 420 read with 34 and a violation of Section 3 of the Maharashtra Protection of Interest of Depositors Act, 1999. The prosecution alleged that the applicant, Jitendra Manohar Balladkar, had taken deposits from investors and failed to return a sum of Rs.5,60,40,501, though substantial amounts had already been returned, suggesting a civil dispute rather than a purely criminal one. The court noted that the investigation was complete and no further custody was required. Relying on the prima facie observations, the court granted bail subject to a personal bond of Rs.25,000, sureties, reporting requirements, residence restrictions, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the case, which will be tried on its own merits.
Issues considered
- Whether bail should be granted to the accused in a cheating case involving large deposits under IPC and MPID Act provisions.
- Whether the nature of the dispute, having civil aspects, warrants release on bail pending trial.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 406, 409, 420
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3
Subjects
- bail
- criminal procedure
- cheating
- deposit fraud
- BNSS
- IPC
- MPID Act
- Maharashtra
Judgment
3. BA 3491-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3491 OF 2026
Jitendra Manohar Balladkar .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Shubhankar Kulkarni i/b. Mr. Hrutwik S. Kate, Advocates, for the
ANAND Applicant
SUDHAKAR
SUDAME Ms. Sangeeta S. Phad, APP, for the Respondent – State
Digitally signed by
ANAND SUDHAKAR
SUDAME CORAM : MILIND N. JADHAV, J.
Date: 2026.09.21
21:43:01 +0530
DATE : 21.09.2026
P. C.
1. Heard Mr. Kulkarni, learned Counsel for the Applicant and Ms.
Phad, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No.122 of 2024 registered with Bhosari MIDC Police Station, Pune
for offences punishable under Sections 406, 409, 420 r/w. 34 of the
Indian Penal Code, 1860 (for short “IPC”) and under Section 3 of the
Maharashtra Protection of Interest of Depositors Act, 1999 (for short
“MPID Act”).
3. The Applicant before me indicted in a crime for cheating the
investors from whom he had received deposits. There are two other
Anand 1 of 4
3. BA 3491-2026.doc
Accused persons in the crime, who have all been released on bail.
According to the prosecution case, it is depicted from Exh. F page
No.431 of the Charge-sheet appended to the Application that out of the
total amounts which were received as deposits, the Applicant is yet to
return an amount of Rs.5,60,40,501/-. It is seen that substantial
amounts have been returned back to the investors in different
denominations. This is prima facie seen from the said document. It is
prima facie seen that the relationship between the First Informant and
the Applicant as also other investors is governed by investment
agreements between them. It is only when the returns had stopped that
present Criminal case has been filed. Considering the investment
agreements which are part of the Charge-sheet and on record, this
would otherwise be a Civil dispute. Be that as it may, since even
according to the prosecution case, at the highest, substantial amounts
have been received over a period of time by most of the investors and
the investigation having been completed, no further custody of the
Applicant is required.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Jitendra Manohar Balladkar is directed to
Anand 2 of 4
3. BA 3491-2026.doc
be immediately released from prison in connection with
CR. No. 122 of 2024;
(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 or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Bhosari MIDC Police Station, Pune, once every month,
on the first Monday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
Anand 3 of 4
3. BA 3491-2026.doc
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
5. It is clarified that the observations made in this order are limited
for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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