Order 220926aba743.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO.743 OF 2026. Motilal Dulal Sarkar -VERSUS- The State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri D.R. Galande, Advocate for the Applicant. Shri N.R. Rode, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 22, 2026. Heard both sides. 2. The applicant is apprehending his arrest in connection with Crime No.1172/2022 registered with Ramnagar Police Station, Chandrapur for the offences punishable under Sections 406, 471, 468, 465, 420 read with Section 34 of the Indian Penal Code. Charge sheet came to be filed and Sections 3 and 4 of the The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID) came to be added. 3. It is alleged in the first information report that on Rgd. 2026:BHC-NAG:12541 Order 220926aba743.26 2 01.04.2021 the informant met accused Bhalchandra who informed him about certain investment schemes floated by Grand Fortune Infra Developers Company. When the informant visited the office of the company, the applicant and other accused persons won his trust and therefore, the informant along with others deposited certain amounts with the Company for which, for some period he regularly received the returns, but, later on the returns stopped. The informant realized that he and others have been cheated by the applicant and others by Rs.2,36,60,000/- and therefore, the first information was lodged. 4. The learned Counsel appearing for the applicant submits that the applicant being an agent of the company only explained about the schemes floated by the Company in order to attract the investors. The amounts were deposited in the account of the company, and the applicant is not the beneficiary of the same, hence, he may be granted anticipatory bail. 5. The learned A.P.P. vehemently opposed the application by contending that the total amount involved in the crime is to the tune of Rs.2,36,60,000/- and custody of Rgd. Order 220926aba743.26 3 the applicant is necessary effective investigation, and therefore, prayed for rejection of the application. 6. I have heard the learned Counsel for the parties. It appears that the investigating officer does not want the custody of the applicant. This could be gathered from the fact that though the first information report was registered on 18.11.2022, till date no steps are taken by the investigating officer to arrest the applicant nor any application is made to the Court for declaring him as absconding. Perusal of the first information report and investigation papers does not reveal that the investors have directly or indirectly deposited any amount with the applicant. Therefore, a case has been made out by the applicant for granting him protection. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) In the event of arrest, the applicant – Motilal Dulal Sarkar in connection with Crime No.1172/2022 registered with Ramnagar Police Station, Chandrapur for the offences punishable under Sections 406, 471, 468, 465, 420 read with Rgd. Order 220926aba743.26 4 Section 34 of the Indian Penal Code and Sections 3 and 4 of the The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID), he be released on Anticipatory Bail on furnishing PR bond of Rs.25,000/- with one solvent surety in the like amount. (iii) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. as well as, as and when called by the Investigating Officer. (iv) The applicant shall not tamper with the prosecution evidence in any manner. (v) The applicant shall not misuse this grant of bail. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 22/09/2026 18:34:18