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Bombay High Court

ASMITA SUNIL PATILversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that, having verified substantial refunds and the applicant's cooperation, bail under Section 483 BNSS 2023 was warranted.

Summary

The Bombay High Court considered a bail application filed by Ms. Asmita Sunil Patil under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to offences under Sections 406, 420, 465, 466 of the IPC, the Maharashtra Protection of Interest of Depositors Act, 1999, and the Banning of Unregulated Deposit Schemes Ordinance, 2019. The applicant had been in custody for over one year and ten months, during which she claimed to have refunded about 75% of the Rs.1.55 crore collected from 35 depositors, with the prosecution’s report confirming that only Rs.94.10 lakh remained outstanding. The court examined the veracity of these refunds, the applicant’s cooperation with the investigation, and the lack of necessity for continued detention. Finding the applicant’s conduct bona‑fide and the pending amount modest, the court concluded that bail was appropriate. Accordingly, bail was granted subject to a personal bond, surety, reporting requirements, and other standard conditions, with the order limited to bail and not addressing the merits of the case.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving IPC fraud offences and deposit‑scheme violations.
  • Whether the applicant’s continued custody is necessary in view of her cooperation, the substantial refund of monies, and the pending trial.

Legislation cited

Subjects

  • bail
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • IPC fraud
  • deposit fraud
  • Maharashtra Protection of Interest of Depositors Act
  • Banning of Unregulated Deposit Schemes Ordinance
  • cooperation with investigation
  • refund of monies

Judgment

                                                                                18.BA.774.2025.doc

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


                                  BAIL APPLICATION NO.774 OF 2025

              Asmita Sunil Patil                                          .. Applicant
                         Versus
              The State of Maharashtra                                    .. Respondent
                                   ....................
               Mr. Naushad Ahmed a/w. Mr. Adnan Khan, Advocates for
                Applicant.
               Ms. Rajeshree V. Newton, APP for Respondent.
               PSI – G. S. Shaikh, EOW, Raigad – Alibag.
                                                ...................

                                               CORAM : MILIND N. JADHAV, J.
                                               DATE          : AUGUST 27, 2026
              P.C.:

              1.            Heard Mr. Ahmed, learned Advocate for Applicant and Ms.

              Newton, 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.225 of 2024 registered with Alibag Police Station for offences

              punishable under Sections 406, 420, 465, 466 of the Indian Penal

              Code, 1860; Sections 3 and 4 of the Maharashtra Protection of Interest

              of Depositors Act, 1999; Sections 3, 4, 5, 21, 22 and 23 of the Banning

              of Unregulated Deposit Schemes Ordinance, 2019.


              3.            On 24.08.2026, after hearing Mr. Ahmed, following order

              was passed:-

                      “1.   Heard Mr. Ahmed, learned Advocate for Applicant and Ms.


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     Newton, learned APP for State.
     2.    Mr. Ahmed would submit that Applicant is in incarceration since
     13.11.2024 in an offence registered under Sections 406, 420, 465 &
     455 of IPC and under Sections 3 and 4 of the Maharashtra Protection
     of Interest of Depositors Act, 1999. He would submit that total outlay
     of funds attributed to the Applicant is approximately 1.55 Crore
     having been collected from more that 35 depositors. He would also in
     the same breath submit that according to his instructions 75% of the
     funds have already been refunded and returned back to the depositors
     and transactions to that effect are already there on record. He would
     submit that Applicant has cooperated with the prosecution fully and
     therefore he being in incarceration for more that 1 year and 10
     months be considered by Court for his enlargement on bail. He would
     submit that there are two accused persons out of whom one has
     already secured anticipatory bail. Hence he would submit that no
     purpose will be served by keeping the present Applicant behind bars
     considering the ignominy suffered and the trial not even commenced.
     3.    Learned APP is directed to prepare an appropriate report with
     regard to ascertaining the veracity of the aforesaid submissions made
     regarding return of monies to depositors and accordingly apprise the
     Court as to whether monies have been refunded to the depositors or
     otherwise. If it is found that the aforesaid statement is true and
     correct, this Court will consider the present Application.
     4.   Stand over to 27th August, 2026 under the caption “First on
     Board”.”

4.        Today, Ms. Newton , learned APP on taking instructions has

placed before the Court a chart which is taken on record and marked

‘X’ for identification.    This is a chart prepared by the prosecution

pursuant to the aforesaid directions which has been prepared by the

prosecution with regard to the ascertainment of legality and veracity of

the statements which are recorded in the aforesaid order. It is prima

facie seen that substantial amounts have already been returned to the

Investors by the Applicant.


5.        In some cases, entire amount has been returned. In many

cases, very little amount has remained pending. The total outstanding

amount which has remained pending as informed by Ms. Newton

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according to prosecution’s own record contained in police report dated

27.08.2026 which is placed before me is approximately Rs.94,10,500/-

out of the total outstanding amount of Rs.3.63 Crores. Ms. Newton

also confirms the fact that aforesaid amount of Rs.94,10,500/- is the

alleged proceeds of crime which was infact received which is

outstanding from the Applicant whereas amount which is less returned

is Rs.1.19 Crores. Considering the bonafides shown by Applicant it will

be worthwhile if he is released on bail because once he is out on bail,

he will be in a much better position to accumulate and return the

balance amount and repay the same.


6.          There are total 29 Investors who have complained about

investments having been made with the Applicant with the hope of

getting high returns.      Most of the Investors have already been

substantially paid their amount as reflected in the report placed before

me.


7.          Applicant is incarcerated for more than one year and ten

months. He has disclosed all details to the prosecution and therefore

his custody in my opinion in such facts and circumstances is no longer

required.


8.          Considering the aforesaid, Applicant has made out a case for

grant of bail subject to following conditions:-


            (i)   Applicant is directed to be immediately released from

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     prison in connection with Crime No. 225 of 2024;


(ii) Applicant is directed to be released on bail on

     furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

     Thousand only) with one surety of the like amount;

(iii) Applicant shall report to the Investigating Officer at

     concerned Police Station, twice every month on the first

     and third 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 she 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;

(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 her 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.

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               9.               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.


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

               terms.



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


                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.08.27
                            15:21:02 +0530




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