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2025 DAILYLAW 3361 (BOM)

PRITI WILSON SHINDE v. THE STATE OF MAHARASHTRA

ABA/2408/2025 · 2026-06-25

Shri Mehroz Ashraf Khan Pathan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11-ABA-2408-2025 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2408 OF 2025 Priti Wilson Shinde … Applicant Versus The State Of Maharashtra … Respondent —————— Mr. Kuldeep U. Nikam for the Applicant. Mr. A.S. Shalgaonkar, A.P.P. for the Respondent-State. —————— Coram : MEHROZ K. PATHAN, J. Date : 25th June 2026. PER COURT : 1. The Applicant has approached this Court seeking anticipatory bail in connection with F.I.R. No. 0031 of 2025, dated 07/02/2025, registered with Vishrambag Police Station, District Sangli, for the offences punishable under Sections 318(4), 316(5), 3(5) of The Bharatiya Nyaya Sanhita, 2023 and Section 3 of The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 2. The Applicant - Priti Wilson Shinde is the wife of the main accused Ashutosh P. Kasekar. The Applicant was called upon by issuing a notice under osk 1 of 5 11-ABA-2408-2025 (CR).docx Section 35 of The Bharatiya Nagarik Suraksha Sanhita, 2023. The Applicant has attended the Investigating Officer on 3rd June 2025 and since then have cooperated with the investigation. The Applicant was arraigned as an accused only after seven months of filing of the F.I.R. i.e. on 02/09/2025. The Applicant was protected by the interim order passed by the trial Court dated 23/09/2025. During the pendency of the Criminal Bail Application before the Sessions Judge, the Applicant was directed to attend the Police Station as and when called upon by the Investigating Officer by a written notice. The said interim order was operating till the Bail Application came to be rejected finally by the learned Sessions Judge on 23/09/2025. The Applicant has approached this Court by filing the present Application. This Court vide order dated 17/10/2025 had protected the Applicant and continued the interim relief granted by the learned Sessions Judge, which is operating since till today. The Applicant is a woman and the wife of main accused. There are transactions relied upon by the prosecution between the Applicant and the main accused Ashutosh, who is the husband of the Applicant. To show the involvement of the present Applicant in the said crime apart from the aforesaid transactions there are no allegations of inducements at the behest of the present Applicant to any of the investors. Hence, the Applicant may be protected by continuing and confirming the interim order dated 17/10/2025. 3. Learned A.P.P. on the other hand strongly opposes the anticipatory bail osk 2 of 5 11-ABA-2408-2025 (CR).docx application on the ground that the Applicant is involved in serious offence of fraud and criminal breach of trust committed by her husband. There are transactions to show that the Applicant was played an important role in the entire scam. The Applicant has facilitated her bank account to be used for the investment to be carried out by the gullible investors. Though the Applicant is not named in the F.I.R., however the investigation conducted thereafter had revealed the role of the present Applicant to be one of the associates of the main accused Ashutosh. The main accused Ashutosh is already arrested and behind bars. The custodial interrogation of the Applicant is thus necessary to complete the investigation from all angles. 4. I have gone through the investigation papers made available by the learned A.P.P. and the Affidavit filed by the prosecution in the present case. The perusal of the F.I.R. does not reveal the role of the present Applicant in inducing either the complainant or any other investor. The Applicant was protected by the interim order passed by the learned Sessions Judge vide order dated 23/09/2025. The interim protection was continued by the order dated 17/10/2025 passed by this Court. The Applicant was directed to attend the Police Station as and when called for by the Investigating Officer. Learned counsel for the Applicant submits that when the interim order passed by the learned Sessions Judge was operating, the Applicant has attended the Police Station and thereafter the Applicant was never called upon. However, osk 3 of 5 11-ABA-2408-2025 (CR).docx the Applicant is ready to abide by the condition of attending the Police Station. The Single Bench of the Principal Seat of the High Court of Bombay in the case of Nilesh Ramrao Shelke v. State of Maharashtra in Anticipatory Bail Application No.1622 of 2024, decided on 21/06/2024, was pleased to observe as under : “10. But, it is significant to note that in the present case, the applicant in Anticipatory Bail Application No.1622 of 2024, is a lady and she is the wife of the applicant in the other Anticipatory Bail Application. At present, it appears that the material against her is that the loan amounts were siphoned off and credited in her account and that on a few occasions, such amounts were transferred from her account to that of her husband i.e. accused no.2. Other than being the alleged beneficiary of such ill-gotten money, at this stage, it does not appear that the said applicant was involved in the conspiracy or that she was the brain behind the modus operandi for duping the informant. It appears that the accused No.2 i.e. her husband alongwith accused No.1, had undertaken the aforesaid activity. Therefore, on this sole ground, it would be appropriate to grant relief to accused No.3-Jayshree Nilesh Shelke, while rejecting the application of her husband i.e. accused No.2-Nilesh Ramrao Shelke.” 5. Thus, taking into consideration that the Applicant was already protected by the interim order passed by this Court and there are no direct allegations against the Applicant, the Applicant is not having any criminal osk 4 of 5 11-ABA-2408-2025 (CR).docx antecedents and is ready to abide by any conditions, I am inclined to pass the following order :- O R D E R i. The Application is allowed. ii. The interim order dated 17/10/2025 is hereby confirmed. However, subject to additional conditions that the Applicant - Priti Wilson Shinde shall attend the concerned Police Station and report to the Investigating Officer on 1st and 15th of every month, till framing of the charge by the learned trial Court. iii. The Applicant shall also cooperate with the investigation. iv. The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner. v. The Applicant shall submit his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. vi. The Applicant shall not leave the country without leave of the trial Court and shall surrender his passport to the Investigating Officer. 6. Needless to say, a single violation of any of the conditions imposed by this Court shall entitle the prosecution and the complainant to seek cancellation of bail of the present Applicant. 7. The Application stands disposed of accordingly. [ MEHROZ K. PATHAN, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.06.29 19:10:48 +0530