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2026 DAILYLAW 13440 (BOM)

VISHNU RAMCHANDRA BHAGWAT v. STATE OF MAHARASHTRA

ABA/2170/2023 · 2026-09-28

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Judgment text

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23-ABA-2170-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2170 OF 2023 Vishnu Ramchandra Bhagwat ...Applicant Versus State of Maharashtra ...Respondents _______________________________________________________________ Mr. Chetan Damre (through VC), Advocate for the Applicant. Dr. A. A. Takalkar, APP for the Respondent – State. PSI S. R. Gunavare, Shahupuri Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 28th September, 2026. P.C. : 1. Heard Mr. Chetan Damre, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State. 2. On 03.08.2023, the following order was passed :- 1. Apprehending arrest in connection with C.R. No. 766 of 2022 dated 29 September 2022 registered with Shahupuri Police Station, Kolhapur for offences punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999, the applicant is seeking relief of pre-arrest bail under Section 438 of the Criminal Procedure Code, 1973. 2. Prima facie it appears that at this stage of investigation, there is no material against the applicant of active involvement either of making payment or of receiving any amount from the investors. Except one entry received from the company, there is no material against the applicant. 3. The investigating officer is present. Further investigation is required to be done to ascertain the benefit Arjun 1 23-ABA-2170-2023.doc received by the applicant from investors amount. Till the material against the applicant is made available, the applicant deserves protection. Hence, following order: a) Till next date, in the event of arrest of the applicant in connection with C.R. No.766 of 2022 dated 29 September 2022 registered with Shahupuri Police Station, Kolhapur for offences punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999, he be released on interim bail on furnishing P.R. Bond in the amount of Rs.25,000/- with one or two sureties in the like amount; b) The applicant shall remain present before the investigating officer on 5, 7 and 9 August 2023 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the concerned investigating officer; c) The applicant shall cooperate with the investigation and make himself available for interrogation whenever required; 4. List the anticipatory bail application on 11 September 2023. 3. Mr. Chetan Damre, learned Advocate for the Applicant, states the Applicant has appeared before the Investigating Officer, Shahupuri Police Station and has co-operated with the investigation in Crime No. 766 of 2022. He submits that the investigation in Crime No. 766 of 2022 is complete and the chargesheet is filed. 4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on instructions from the Investigating Officer, Shahupuri Police Station, states that the Applicant has appeared before the Investigating Officer, that the investigation in Crime No. 766 of 2022 is complete, the chargesheet is filed before the Sessions Court, Kolhapur and the same is registered as Special Case No. 4 of 2024. Arjun 2 23-ABA-2170-2023.doc 5. In view of the statements made by Mr. Chetan Damre, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State, the Applicant being on interim bail since 03.08.2023 and there being no allegations of any breach of conditions of the order dated 03.08.2023, this Application is allowed by confirming the order dated 03.08.2023 and making the condition nos 3(a) and (c) in the order dated 03.08.2023, absolute. 6. Anticipatory Bail Application No. 2170 of 2023 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 3 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.30 21:56:26 +0530