Order 131026aba732.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 732 OF 2026. 1.Smt.Sunanda Prakash Thotey. 2.Sau.Deoshree Prakash Thotey. 3.Nandkishor Narayan Bondre. 4.Sau.Subhangi Pramod Bondre. -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri A.P. Chaware, Advocate for Applicants. Shri N.R. Rode, A.P.P. for Non-applicant No.1/State. Shri S. Girhe, Advocate h/f. Shri M.V. Rai, Advocate for Respondent No.2. Shri A. Mendhe, Advocate Assisting Prosecution. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 13, 2026. Heard learned Counsel for the parties. 2. Applicants are apprehending their arrest in connection with Crime No.451/2026, registered with Lakadganj Police Station, Nagpur City for the offences punishable under Sections 316[2], 318[4], read with Section 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). This Court vide order dated 13.08.2026 had granted interim protection to applicants. Rgd. 2026:BHC-NAG:13859 Order 131026aba732.26 2 3. The allegations in the first information report are that the accused persons collected amounts from several persons under a scheme promising good returns on the invested amount within a year. Accordingly, the informant and others have invested huge amount with the applicants, on which some returns were paid to the informant. However, later on, no returns were received by the informant, hence, the report against the applicants for duping the informant by Rs.1,83,36,000/- came to be lodged. 4. The learned Counsel for applicants submits that, applicants have collected amount from several persons who were interested in share market and accordingly invested the said amount in the share market. Applicants had no intention to dupe victims, however, due to loss sustained in the share market, they were not in a position to return the amounts to the informant, however, applicants have paid substantial amounts to the victims. It is his submission that if the intention was present, then they would not have returned any amount, therefore, considering the nature of allegations against them, the interim protection granted to applicants needs to be confirmed. 5. On the other hand, the learned Counsel appearing for non-applicants and assisting prosecution, vehemently opposed the Rgd. Order 131026aba732.26 3 application by submitting that though applicants have returned some amount, however, they have opened account in their names and not in the name of the persons who have invested the amount. This fact itself is sufficient to gather intention of applicants, since nearly Rs.2 Crores have been siphoned from the victims. It is their submission that the allegations are serious in nature, there are more than 7 victims from whom applicants have collected the amount and out of these 7 victims, some are retired employees, who have invested their hard earned money with applicants. In such circumstances, they prays for rejection of the application. 6. Upon consideration of the submissions of both sides, prima facie it appears that applicants have collected huge amounts from the victims under the retirement scheme. It appears that applicants were engaged in trading business in the share market. It further appears that instead of opening accounts in the name of investors/victims, they have opened the accounts in their own name. It is to be noted that apparently the documents, which were submitted by them, goes to show that they invested the amount in the share market under different schemes. As contended by the learned Counsel for applicants, that due to loss in the share market, applicants were not able to return the amount. At this stage it is Rgd. Order 131026aba732.26 4 necessary to mention that share market is always at risk. Be that as it may, the first information report discloses that high interest rate was promised by applicants, which was impossible to pay. Though the allegations appears to be serious in nature, however, it appears that applicants have returned substantial amount that was invested, to the investors. Further this Court has already protected applicants by passing interim order on 13.08.2026, and in view of said protection, applicants have attended the police station and has cooperated with the investigation. It is to be noted that applicants gave cheques to the victims, however, those cheques are informed to have dishonoured, and victims have initiated proceedings under Section 138 of the Negotiable Instruments Act. Considering all these factors, coupled with aforesaid submissions, I am of the considered opinion that applicants have made out a case for grant of anticipatory bail, and the interim protection granted to them needs to be confirmed. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. Rgd. Order 131026aba732.26 5 (ii) The interim protection granted to applicants vide order dated 13.08.2026, is confirmed on the same terms and conditions as are incorporated in the said order. (iii) Misc. Applications, if any, also stand disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 15/10/2026 12:15:05