ASMA S/O SAMEER MULLA AND ANR v. STATE OF MAHARASHTRA THR PSO., GACHANDUR TAJ. KORPANA DIST. CHANDRAPUR
ABA/692/2026 · 2026-09-07
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[ 2026 DAILYLAW 7046 (BOM) · dailylaw.ai ]
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[ 2026 DAILYLAW 7046 (BOM) · dailylaw.ai ]
Judgment text
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1 11.aba.692.2026 IN THE HIGH
COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.692 OF 2026 Asma w/o Sameer Mulla and anr. ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.V. Rai, Advocate for the applicants. Ms S.S. Dhote, APP for non-applicant/State.
CORAM: M.M. NERLIKAR, J.
DATE : 07.09.2026. Heard.
2. Apprehending arrest in connection with Crime No.90/2025 registered with the Gadchandur Police Station, District Chandrapur for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 472 and Section 34 of the Indian Penal Code, the applicant prayed for pre-arrest protection.
3. The FIR came to be lodged alleging that accused Bharat Thakare and Kishor Gawai have told the informant that they are the owner of an antique article which is duly certified by the DRDO. According to them, the said antique articles are used while making satellite and the Government of India purchase it by way of auction for crores of rupees. The accused persons then advanced difficulty that for checking the authenticity of an article, a chemical is required to be purchased, for which an amount of Rs.57 lakhs is required. The informant then stated in the FIR that the accused person demanded amount of Rs.25 lakhs for that purpose and 2026:BHC-NAG:11816
2 11.aba.692.2026 he was assured that the amount will be returned. Thereafter, from time to time the informant transferred amount in the accounts of one Samir Mulla and to other accused persons including the applicants. The informant, thus, on various occasions had transferred total amount of Rs.2,02,91,500/- in different accounts of the accused persons. Hence the FIR.
4.
Learned Counsel for the applicants submits that so far as the present applicants are concerned allegedly near-about Rs. 67 lakhs was deposited in the account of applicant no.1 whereas Rs. 5 lakhs in the account of applicant no.2. The accounts of both the applicants have been used by the main accused Samir Mulla, Bharat Thakare and Kishor Gawai, who have committed the present crime. Learned Counsel submits that this Court vide order dated 22.04.2026 has released main accused Bharat Thakare and Kishor Gawai on anticipatory bail. Considering that the main accused were released on anticipatory bail, custodial interrogation of the applicants would not be necessary and hence, prayed to allow the application. 5. On the other hand, learned APP vehemently opposed the application on the ground that the applicants are the main beneficiaries. Substantial amount out of Rs.2,02,91,500/- has been deposited in the account of applicants and therefore, custodial interrogation of the applicants is necessary. Bank account statement of both the applicants show that the amount was transferred in their account and therefore, the application is prayed to be rejected. 3 11.aba.692.2026
6. I have considered the rival submissions and perused the record. It appears that this Court has released the aforestated main accused persons on anticipatory bail vide order dated 22.04.2026, whose main role appeared in the FIR. So far as the present applicants are concerned, though substantial amount was credited in the account of the applicants, however since from the registration of the FIR, the Investigating Officer has not taken efforts to arrest the applicant though more than one year is over and even I do not see any substantial progress in the investigation except for collecting the Bank account statements of the applicants. 7. In this view of the matter and for the same reasons stated in the Criminal Application (ABA) No.15 of 2026 vide order dated 22.04.2026, I am inclined to enlarge the applicants on anticipatory bail. Hence the following order : (a) The Application is allowed and disposed of. (b) In the event of arrest, the applicants 1. Asma w/ o Sameer Mulla and 2.
Ansar s/o Banda Mujawar in connection with Crime No.90/2025 registered with the Gadchandur Police Station, District Chandrapur for the offence punishable under Sections 419, 420, 465, 467, 468, 471, 472 and Section 34 of the Indian Penal Code, be released on bail on executing PR bond in the sum of Rs.25,000/- each, with one solvent surety in the like amount. (c) The applicants shall attend the concerned Police
4 11.aba.692.2026 Station on every Sunday between 11.00 a.m. to 02.00 p.m. or as and when called by the Investigating Officer to facilitate the investigation, till the filing of the charge-sheet. (d) The Applicants/Accused shall co-operate with the Investigating Agency. (e) The Applicants/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (f) The Applicants/accused shall provide their residential address and cell number to the concerned Investigating Officer. 8. Pending application(s), if any, stand disposed of accordingly. 9. 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. )
Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 07/09/2026 19:30:50