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2026 DAILYLAW 3660 (BOM)

SHASHIKANT BALKRUSHNA KSHIRSAGAR v. THE STATE OF MAHARASHTRA

ABA/490/2026 · 2026-08-17

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Judgment text

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28.ABA.490.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 490 OF 2026 Shashikant Balkrushna Kshirsagar … Applicant V/s. The State of Maharashtra …. Respondent WITH APPLICATION NO. 219 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO. 490 OF 2026 ABCD (Name not disclosed) … Applicant V/s. The State of Maharashtra …. Respondent ______________________ None for the Applicant in ABA/490/26. Ms. S.M. Yadav, APP, for the Respondent-State. Ms. Aishwarya Pandit a/w Ms. Sakshi Singh i/by Mr. Ravi Dwivedi for the Respondent. Mr. Sanjay Shirsat, ASI attached to Bundgarden Police Station, Pune present. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 17 AUGUST 2026 P. C. :- 1. Along with this anticipatory bail application, Criminal Application No. 219 of 2026 is wrongly tagged. Accordingly the said application is de-tagged and removed from board. Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.08.21 17:52:39 +0530 28.ABA.490.26.DOC 2. None appears for the Applicant. 3. This matter was placed before this Court on 12 August 2026. Though the matter was called out in morning session on 12 August 2026, none had appeared and therefore, the matter was kept in afternoon session and even in the afternoon session also, none had appeared. Therefore, the matter was kept today under the caption of ‘Dimissal.’ Today also, none appears for the Applicant. 4. 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.153 of 2025 registered with Bundgarden Police Station, Pune City for the offences punishable under Sections 34, 409, 406, 420 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 5. The prosecution case is set out in paragraph 2 of the order dated 5 February 2026 passed by the learned Sessions Judge, Pune in Criminal Bail Application No.6144 of 2025. The said paragraph 2 reads as under :- Page 2 PPN 28.ABA.490.26.DOC “2. Afore crime emerged from the report dated 12/05/2025 lodged by the informant Ashish Dattatray Pande alleging therein that he is serving at WNS, Musk, Wipro BPO company. His friend Ram Patil is serving in AKI Learning Skill India Pvt. Ltd. Ram Patil informed him about the scheme floated by Atmanirbhar Concepts India Pvt. Ltd., wherein they are giving best returns on investment. Accordingly, in November 2022, he went at the office of Atmanirbhar Concepts India Pvt. Ltd., where he got acquainted with the applicant through his friend Ram Patil. It is alleged that the applicant gave information about the scheme and introduced himself as husband of Manjusha Kshirsagar, a Director and agent of the company. He informed that he is looking after the affairs of the investment of the company and assured to give wholesome returns on his investment in the scheme. Posing faith on the applicant, the informant has started investing an amount of Rs.10,200/- per month. Initially, he was receiving good returns on his investment. As he was receiving good returns on his investment, he invested the amount of Rs.3.60 lacs. However, he did not receive the returns. When he reasoned the company, they issued the cheque of Rs.3.60 lacs and Rs.1.20 lacs. On presentation of the cheques, it stood bounce. It is further alleged that the applicant and co-accused have lured the similarly situated persons like him in their trap and induced them. It is alleged that the applicant and co-accused have duped forty-one investors to the tune of Rs.3,48,92,525/-. Eventually, he filed the report.” 6. As per the prosecution case, the Applicant and co-accused have duped 41 investors to the tune of Rs.3,48,92,525/-. This application has been filed on 16 February 2026 and pending for last about six months. There is nothing on record to indicate that the Applicant has been granted any ad-interim protection by this Court. 7. Learned APP appearing for the Respondent-State states that the Applicant is absconding and offence is very serious where 41 investors have been duped and aggregate amount involved is Rs.3,48,92,525/-. Page 3 PPN 28.ABA.490.26.DOC 8. Ms. Yadav, learned APP submits that charge-sheet is filed against other Accused but not against the present Accused as he is not cooperating with the investigation and absconding. 9. The offence is registered on 12 May 2025. Learned Trial Court has rejected the anticipatory bail application on 5 February 2026. Although this anticipatory bail application has been filed on 16 February 2026, till date, no ad-interim protection is granted to the Applicant. 10. Accordingly, Anticipatory Bail Application is dismissed for non-prosecution. [ MADHAV J. JAMDAR, J.] Page 4 PPN