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2026 DAILYLAW 12125 (BOM)

NIHAL ASHOK RASTE v. STATE OF MAHARASHTRA

ABA/2479/2023 · 2026-09-28

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Judgment text

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25-ABA-2479-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2479 OF 2023 Nihal Ashok Raste ...Applicant Versus State of Maharashtra ...Respondents _______________________________________________________________ Mr. Suresh Mane (through VC) Advocate for the Applicant. Dr. A. A. Takalkar, APP for the Respondent – State. GPSI Ganesh Chavan, Vishrambag Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 28th September, 2026. P.C. : 1. Heard Mr. Suresh Mane, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State. 2. On 05.09.2023, the following order was passed :- 1) Heard the learned counsel for the applicant and the learned APP for the State. 2) This is an application for pre-arrest bail in connection with C.R. No. 278 of 2022, registered with Vishram Bag police station, Sangli, for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code, 1860. 3) The first informant lodged a report with the allegations that the co-accused No. 1 Ashok Raste, the father of the applicant, induced him to invest a sum of Rs.8,00,000/- in Qualirtas Agro Exim Services, by making a false representation of lucrative returns. The said amount was not paid along with the return, as promised. It was alleged that the accused No. 1 had informed the first informant that the present applicant and Nihal. Rajesh and Sharad Kulkarni Arjun 1 25-ABA-2479-2023.doc were working in the said firm. 4) Prima facie there are no allegations of inducement qua the applicant. 5) The learned APP submitted that in the course of investigation upon finding that the co-accused No. 1 had deceived other persons also, the provisions of the Maharashtra Protection of Interest of Depositors (in Financial Establishment) Ordinance, 1999 have been invoked. 6) The learned APP seeks time to take instructions as regard the complicity of the applicant. 7) Hence, the following order:- ORDER I) In the event of arrest of the applicant in connection with C.R. No. 278 of 2022, registered with Vishram Bag police station, Sangli, for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code, 1860, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/-with one or two sureties in the like amount. II) The applicant shall co-operate with the investigation and attend Vishram Bag police station, Sangli, on every Sunday in between 10.00 am to 12.00 pm till the next date. III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case. IV) Stand over to 10th October, 2023. 3. Mr. Suresh Mane, learned Advocate for the Applicant, states that the Applicant has appeared before the Investigating Officer, Vishrambag Police Station and has co-operated with the investigation in Crime No. 278 of 2022. He submits that the investigation in Crime No. 278 of 2022 is complete, the chargesheet is filed and the matter is proceeding before the Sessions Court Sangli. He submits that the Applicant is Arjun 2 25-ABA-2479-2023.doc regularly appearing before the Sessions Court at Sangli. 4. Dr. A. A. Takalkar, learned APP, on instructions from the Investigating Officer, Vishrambag Police Station, submits that investigation in Crime No. 278 of 2022 is complete and chargesheet has been filed. She submits that the matter is now before the Sessions Court, Sangli. 5. In view of the statements made by Mr. Suresh Mane, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State, the Applicant being on interim bail since 05.09.2023 and there being no allegations of any breach of the conditions of the order dated 05.09.2023, this Application is allowed by confirming the order dated 05.09.2023 and making the condition nos. (I) and (III) in the order dated 05.09.2023, absolute. 6. Anticipatory Bail Application No. 2479 of 2023 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 3 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.28 21:37:02 +0530