Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 14801 (BOM)

KETAN SUDHAKAR SHEVATKAR v. STATE OF MAHARASHTRA

ABA/1332/2026 · 2026-10-05

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26.ABA-1332.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1332 OF 2026 Ketan Sudhakar Shevatkar … Applicant V/s. State of Maharashtra …. Respondent ______________________ Mr. Amit Icham, for the Applicant. Mr. S. V. Walve, APP for the Respondent-State. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 5 OCTOBER 2026 P. C. :- 1. Heard Mr. Icham, learned Counsel appearing for the Applicants and Mr. Walve, learned APP appearing for the Respondent-State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No.137 of 2026 registered with Vimantal (Airport) Police Station, Pune for the offences punishable under Sections 316(2), 318(4) read with Seciton 3(5) of the Bharatiya Nyaya Sanhita, 2023. Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.06 16:27:32 +0530 26.ABA-1332.26.DOC 3. It is the submission of Mr. Icham, learned counsel for the Applicant that in fact the Applicant was an employee of the subject company and the Applicant is not involved in the crime. He submits that no amount has been deposited in his account and he is not the beneficiary of the crime. He pointed out an order dated 20 May 2026 passed by a learned Single Judge of granting interim protection. He submits that the charge-sheet is also filed against the other Accused who have been arrested. 4. On the other hand, Mr. Walve, learned APP appearing for the Respondent-State strongly opposed the application. Learned APP states that the Applicant is involved in the crime. He submits that the offence is very serious and custodial interrogation is necessary. 5. However, learned APP, on instructions, submits that the Applicant has reported to the Investigating Officer from 1st to 5th June 2026 from 10.30 a.m. to 1.:00 p.m. as directed by the order dated 20 May 2026 passed by the learned Single Judge. 6. The prosecution case is set out in paragraph no.2 of the order dated 24 April 2026 passed by the learned Additional Sessions Judge, Pune which reads as under :- 2] The case of the prosecution, in brief, is that during the period from September 2025, the informant and other similarly Page 2 PPN 26.ABA-1332.26.DOC placed persons were working with a company namely Quantum Soft Technology Pvt. Ltd., situated at Solitaire Business Hub, Viman Nagar, Pune. During the course of employment, they came into contact with the present applicant and other accused persons. It is alleged that th1664e accused persons, acting in concert and through various consultancy firms, induced the informant and other victims to work in the said company on false assurances of salary and statutory benefits. However, neither salary nor provident fund amounts were paid to them. It is further alleged that under such pretext, the accused persons misappropriated an amount of Rs. 1,53,63,000/- from the informant and other victims. On the basis of these allegations, the informant has lodged the present FIR for offences punishable under relevant provisions of law pertaining to cheating, criminal breach of trust and allied offences. 7. Learned Single Judge by order dated 20 May 2026 has while granting ad- interim protection passed the following order : - 1) Heard Mr. Aniket Nikam, the learned Counsel appearing for the Applicant. The case of the complainant is that the complainant was employed in Quantum Soft Technology Pvt. Ltd., situated at Solitaire Business Hub, Viman Nagar, Pune. The company neither paid salary nor provident fund amount paid them. It is further alleged by the complainant that thus the accused person has miappropriated the amount of Rs.1,53,63,000/- from the informant and other victims. On the basis of these allegations, the informant has lodged the FIR. 2) Mr. Nikam, the learned Advoate submits that the Applicant himself is employee of the company. He relies upon the letter dated 12th October 2023 annexed at Exhibit ‘C’ to the application. He submits that merely the salary is not paid will not constitute the criminal offence under the provisions of Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. He submits that the custodial interrogation is not necessary. 2) Ms. Rashmi Tendulkar, the learned A.P.P. for the Respondent- Page 3 PPN 26.ABA-1332.26.DOC State submits that there is a prima facie case against the present Applicant. She submits that thare are 77 victims, who are similarly cheated. She submits that the complainant is cheated of huge sum of money, hence, the protection may not be granted. 3) Perused the copy of the FIR as well as the letter dated 12th October, 2023, annexed to Exhibit ‘C’ to the Application. Going by the case of the Applicant, prima facie I am of the opinion, that the offence under Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 is not made out. The custodial interrogation is not necessary. Hence, the following Order :- : O R D E R : (i) In the event of arrest, the Applicant-Ketan Sudhakar Shevatkar be released on bail in connection with C.R. No.137/2026, registered with Vimantal (Airport) Police Station, Pune, under Sections 316(2), 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (ii) The Applicant shall report to the Investigating Officer of the concerned Police Station from 1st to 5th June, 2026 from 10.30 a.m. to 01.00 p.m. 4) Stand over to 23rd June, 2026. 8. Admittedly, pursuant to the said order, the Applicant has reported to the Investigating Officer from 1st to 5th June 2026. The charge-sheet is already filed against the arrested Accused and, therefore, the case is made out for grant of anticipatory bail. 9. Accordingly, the following order is passed :- Page 4 PPN 26.ABA-1332.26.DOC O R D E R (a) In the event of arrest of the Applicant in connection with C.R. No.137 of 2026 registered with Vimantal (Airport) Police Station, Pune, the Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Page 5 PPN 26.ABA-1332.26.DOC Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. (g) The Applicant shall cooperate with the Investigating Officer and attend the concerned police station as and when called by the Investigating Officer. 10. The observations made in this order are only for the purpose of considering the anticipatory bail application. 11. Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6 PPN