11-ABA-534-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 534 OF 2026 Sharad Madhav Ahiwale … Applicant Versus. The State of Maharashtra And Anr. … Respondents ----- Mr. Rahul Dhaygude (through VC) a/w Preeti Dawada, Advocate for the Applicant. Mrs. S. N. Deshmukh, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 21st September, 2026. P.C. : 1. Heard, Mr. Rahul Dhaygude, learned Advocate for the Applicant and Mrs. S. N. Deshmukh, learned APP for the Respondent – State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in Crime No. 276 of 2026 registered with the Phaltan City Police Station for offences punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Mr. Rahul Dhaygude, learned Advocate for the Applicant, submits that there are three (3) Accused in Crime No. 276 of 2026 and that the Applicant is Accused No. 2. Arjun 1 11-ABA-534-2026.doc 4. Mr. Rahul Dhaygude, learned Advocate for the Applicant, submits that the Applicant is employed as a Clerk in the Phaltan Municipal Council. He submits that the allegations against the Applicant are that the House-tax payers who paid the amount towards house tax and water bills by cheque have not been properly acknowledged by the Applicant. He submits that the allegations against the Applicant are that despite receiving a cheque of Rs. 20,007/-, the Applicant has issued a receipt of Rs. 2,007/-. He states that the said cheque amount was deposited in the Bank Account of the Phaltan Municipal Council and that there was no misappropriation of the said amount. He further submits that it may have been an error, due to which the Applicant issued a receipt for Rs. 2,007/- instead of Rs. 20,007/-. He submits that there are no other allegations against the Applicant. 5. Mrs. S. N. Deshmukh, learned APP for the Respondent – State, submits that although the Applicant received Rs. 20,007/- by cheque, the Applicant issued a receipt for Rs. 2,007/- only. She submits that custodial interrogation of the Applicant is required in this regard. 6. Perused the records with the assistance of the learned Advocates for the parties. Arjun 2 11-ABA-534-2026.doc 7. Apparently, the cheque for Rs. 20,007/-, issued by the House-tax payer, is in the name of the Phaltan Municipal Council. The statement made by Mr. Rahul Dhaygude, learned Advocate for the Applicant, that the said cheque amount of Rs. 20,007/- stands deposited and credited in the account of Phaltan Municipal Council is not disputed by Mrs. S. N. Deshmukh, learned APP. As per the allegations in Crime No. 276 of 2026, the Applicant ought to have issued a receipt for Rs. 20,007/-, however, the Applicant has issued a receipt for Rs. 2,007/-. The prosecution has not alleged that the Applicant misappropriated the said cheque amount or withdrew it from the Bank. 8. No case is made out for custodial interrogation of the Applicant in Crime No. 276 of 2026, particularly in the absence of allegations that the Applicant misappropriated the said cheque amount of Rs. 20,007/- of Phaltan Municipal Council. 9. Considering the facts and circumstances, this Application is allowed on the following conditions :- (a) In the event of the arrest of the Applicant in Crime No. 276 of 2026 registered with Phaltan City Police Station, the Applicant shall be released on bail Arjun 3 11-ABA-534-2026.doc upon furnishing a PR bond of Rs. 10,000/- with one or two sureties in the like amount, to the satisfaction of the Investigating Officer of Phaltan City Police Station. (b) Applicant shall appear and report to the Investigating Officer, Phaltan City Police Station, on 28th, 29th and 30th September, 2026, from 10:00 am to 12:00 noon and thereafter as and when required by the Investigating Officer in Crime No. 276 of 2026. The Applicant shall cooperate with the investigation in Crime No. 276 of 2026. (c) Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (d) Applicant shall not tamper with evidence in any manner. (e) Applicant shall provide the Investigating Officer with his residential address along with proof, his Arjun 4 11-ABA-534-2026.doc contact number, email and must inform the Investigating Officer of any changes to this information from time to time. 10. Anticipatory Bail Application No. 534 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 5 ARJUN KRISHN A RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.22 10:34:58 +0530