1 9-Cr.ABA-680-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 680 OF 2026 Diwakar S/o Marotrao Kumbhare and Others -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. J.C. Shukla, Advocate for the Applicants. Mr. H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 25, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.159/2026 for the offences punishable under Sections 316(2), 314 and 3(5) of Bharatiya Nyaya Sanhita, 2023, registered with Police Station Gittikhadan, District Nagpur. 3. The First Information Report was lodged by the informant, a 50% shareholder of M/s. Rakhuva Pumps Private Limited, alleging that accused No.1, who was his business partner, in connivance with the other accused, diverted and misappropriated the company’s funds for the period from 2022 to 06/03/2026. It is alleged that amounts were transferred to the accounts of the accused and that the company’s stock, Piyush Mahajan 2026:BHC-NAG:11075 2 9-Cr.ABA-680-2026 godown, employees and business network were also misused for the benefit of a firm operated by accused No.1’s wife. The informant alleged that, upon examination of the company’s accounts and transactions, a sum of Rs.36,54,000/- remained misappropriated, resulting in loss to the company. On these allegations, the present F.I.R. came to be registered. 4. The learned counsel for the applicants submits that the allegations against the applicants is that the applicants and the informant are partners of the firm, namely, M/s. Rakhuva Pumps. It is alleged that the applicants established a separate company in the name of M/s. Bandhan Pumps. The learned counsel for the applicants submits that the allegations are civil in nature, which has been given the colour of a criminal offence. The transactions that took place between M/s. Rakhuva Pumps and M/s. Bandhan Pumps could, at the most, be regarded as a civil dispute. Under such circumstances, he submits that, since the allegations are individual in nature, no custody would be required. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant has diverted the amount of M/s Rakhuva Pumps to M/s Bandhan Pumps. The total amount of misappropriation is Rs.36,54,000/-. He further submits that the amount was transferred in the name of M/s Bandhan Pumps as well as to the accounts of applicant Nos.3 and 4. Under such circumstances, he submits that it Piyush Mahajan 3 9-Cr.ABA-680-2026 cannot be said that the allegations are civil in nature, as the applicants have duped the informant of Rs.36,54,000/-, and therefore, he prays for rejection of the application. 6. I have considered the rival submissions. Apparently, prima facie, it appears that the allegations against the applicants are that the applicants and the informant are running a firm by the name of M/s. Rakhuva Pumps. It further appears that the applicants have established a separate firm by name of M/s. Bandhan Pumps. The applicants have diverted the amount to M/s. Bandhan Pumps from the account of M/s. Rakhuva Pumps. Looking into the allegations, I am of the considered opinion that no custodial interrogation would be required. Considering this fact, the applicants can be protected. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) In the event of arrest of applicants [(i) Diwakar S/o Maraotrao Kumbhare, (ii) Smt. Nisha W/o Diwakar Kumbhare, (iii) Birpal Singh S/o Manmohan Singh Gautam, and (iv) Rashtrapal S/o Ashok Sankale)] in connection with Crime No.159/2026 for the offences punishable under Sections 316(2), 314 and 3(5) of Bharatiya Nyaya Sanhita, 2023, registered with Police Station Piyush Mahajan 4 9-Cr.ABA-680-2026 Gittikhadan, District Nagpur, they be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety each in the like amount; (iii) The applicant shall attend the concerned Police Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when directed by the Investigating Officer and shall cooperate with the Investigating Agency; (iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses; (v) Pending Misc. Application(s), if any, also stand disposed of; (vi) The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 25/08/2026 17:17:39