IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 23 ANTICIPATORY BAIL APPLICATION NO. 414 OF 2026 DIGAMBAR KASHINATH PUTHEWAD VERSUS THE STATE OF MAHARASHTRA ... Mr. Yogesh G. Birajdar, Advocate for Applicant Mr. A. R. Kale, APP for the Respondent/State CORAM : R. M. JOSHI, J. DATED : 7th SEPTEMBER, 2026 PER COURT :- 1. Applicant seeks pre-arrest bail in connection with Crime No. 148/2025, registered with Gangakhed Police Station, District Parbhani, for the offences punishable under Sections 316(5) read with 3(5) of the Bharatiya Nyaya Sanhita. 2. The First Information Report indicates that the present applicant is a collecting agent who was supposed to collect money from the customers of the bank and deposit the same into their respective accounts. The allegation is that, during the period from 12.09.2024 to 12.12.2024, he collected a total sum of Rs.2,87,165/-, however, did not deposit the same and, as such, committed misappropriation of the said amount. 3. Learned Advocate for the applicant submits that, as observed by the 23 ABA 414.2026.odt 1 of 4 2026:BHC-AUG:41225 learned Additional Sessions Court in the order rejecting his pre-arrest bail application, the applicant had transferred a sum of Rs.2,27,100/- to the informant during the period from 23.10.2024 to 12.12.2024. It is his submission that the applicant had suppressed the said fact, making it difficult to accept the allegations made in the First Information Report. Apart from this, it is his contention that there is absolutely no material on record to indicate the time within which the amount collected from the customers was required to be deposited in the bank. He, therefore, seeks protection of the liberty of the applicant. He makes a statement that the applicant is ready to deposit a sum of Rs.60,000/-, which is allegedly retained by him, within a period of two weeks from today. 4. Learned APP opposed the grant of the application by pointing out the allegations against the applicant. It is his submission that, as observed in the order passed by the learned Sessions Court, the amounts collected from the customers were not deposited into their respective accounts, which indicates that the present case involves misappropriation of money. 5. Prima facie, perusal of the First Information Report as well as the material collected during the course of investigation does not indicate the time period within which the amounts collected from the customers were required to be deposited. Apart from this, admittedly, during the period from 23 ABA 414.2026.odt 2 of 4 23.10.2024 to 12.12.2024, the present applicant transferred a total amount of Rs.2,27,100/- into the account of the informant. The informant has suppressed the said fact. This creates a doubt regarding the allegations made by him in the First Information Report. 6. In any case, in view of the voluntary statement made by the applicant with regard to depositing a sum of Rs.60,000/-, custodial interrogation of the applicant does not appear to be necessary. Hence, the application deserves to be allowed. Accordingly, the application stands allowed in the following terms: ORDER (i) Application is allowed. (ii) In the event of arrest of applicant, in connection with Crime No. 148/2025, registered with Gangakhed Police Station, District Parbhani, for the offences punishable under Sections 316(5) read with 3(5) of the Bharatiya Nyaya Sanhita, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He further directed to cooperate the investigating agency for further investigation. 7. If the aforesaid amount is not deposited within a period of two 23 ABA 414.2026.odt 3 of 4 weeks from today, this order shall stand vacated and application would stand dismissed without reference to the Court. 8. Learned APP for the Respondent/State to communicate this order to the concerned Police Station. ( R. M. JOSHI, J.) ssp 23 ABA 414.2026.odt 4 of 4