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2026 DAILYLAW 9532 (BOM)

MANISHA ANANDRAO MAGAR v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/415/2026 · 2026-09-21

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Judgment text

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39 - ABA - 415 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 415 OF 2026 Manisha Anandrao Magar … Applicant Versus. The State of Maharashtra & Anr. … Respondents ------- Mr. Shubham Patil i/by Mr. Pratik G. Tare for the Applicant. Dr. A. A. Takalkar, APP for the State. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 21, 2026 P.C.: 1. Heard, Mr. Shubham Patil, learned Advocate for the Applicant, and Dr. A. A. Takalkar, learned APP for the State. 2. By this Application, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 241 of 2026 registered with Akluj Police Station for offences punishable under Sections 318(4), 316(2), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999. 3. Mr. Shubham Patil, learned Advocate for the Applicant, states that there are eleven (11) accused in Crime No. 241 of 2026. The Applicant VRJ 1 39 - ABA - 415 - 2026.doc is Accused No. 4. He submits that the charge-sheet in Crime No. 241 of 2026 has been filed, registered as MPID Special Case No. 27 of 2026 and is pending before the Special Judge, Malshiras. 4. The prosecution case is that Somnath Kharade (Accused No. 1) induced the informant to invest money by assuring high returns. On the basis of the promise made by Accused No. 1, the informant and other investors invested huge amounts with Accused No. 1 and in an entity known as “Lakshmikrupa Urban Nidhi Limited”, wherein Accused No. 1 and other persons are shown as directors. The Applicant is shown as one of the directors of “Lakshmikrupa Urban Nidhi Limited”. 5. Mr. Shubham Patil, learned Advocate for the Applicant, submits that apart from the Applicant being shown as a director of “Lakshmikrupa Urban Nidhi Limited”, the Applicant has no role in the crime. He submits that there are no allegations against the Applicant of luring investors or assuring any amount on investments made with “Lakshmikrupa Urban Nidhi Limited”. He submits that an amount of Rs. 6,21,400/- has been received in the Applicant's account through the account of her husband, Anandrao Hariba Magar (Accused No. 3 in Crime No. 241 of 2026) and an amount of Rs. 9,94,510/- has been received from the account of “Lakshmikrupa Urban Nidhi Limited” into the Applicant's account. He submits that the Applicant has deposited a total of Rs. 16,15,910/- before the Court of the Special Judge MPID / VRJ 2 39 - ABA - 415 - 2026.doc Additional Sessions Judge, Malshiras. 6. Mr. Shubham Patil, learned Advocate for the Applicant, states that he has a receipt for the deposit of Rs. 16,15,910/- before the Special Judge, MPID, Malshiras, and a copy of the same is produced to the prosecution. 7. Dr. A. A. Takalkar, learned APP for the State, submits that the Applicant's involvement in Crime No. 241 of 2026 is limited to receiving the amount of Rs. 16,15,910/- in her bank account through the account of Accused No. 3 (husband of the Applicant) and the account of “Lakshmikrupa Urban Nidhi Limited” used by Accused No. 1 to cheat the investors. 8. Perused the records. 9. Perusal of the FIR does not indicate that the Applicant lured any investors or made any representations about any investment in “Lakshmikrupa Urban Nidhi Limited”. Apart from the Applicant being referred to as the Director, there is no material to indicate the Applicant’s participation in the affairs of “Lakshmikrupa Urban Nidhi Limited”. The Applicant apparently received Rs. 16,15,910/- from Accused No. 3 and “Lakshmikrupa Urban Nidhi Limited”, which amount the Applicant has deposited before the Special Judge MPID / Additional Sessions Judge, Malshiras. Dr A. A. Takalkar, learned APP for the State, VRJ 3 39 - ABA - 415 - 2026.doc does not dispute this statement of deposit of the amount of Rs. 16,15,910/- by the Applicant before the Court of the Special Judge MPID / Additional Sessions Judge, Malshiras 10. In view of the foregoing circumstances, the custodial interrogation of the Applicant is not necessary in Crime No. 241 of 2026. This Application is therefore allowed on the following terms: (a) In the event of arrest of the Applicant in the Crime No. 241 of 2026 registered with Akluj Police Station for offences punishable under Sections 318(4), 316(2), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, the Applicant shall be released on bail upon furnishing a PR bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only), with two sureties in the like amount to the satisfaction of the Investigating Officer, Akluj Police Station, Solapur. (b) The Applicant shall report and appear before the Investigating Officer, Akluj Police Station, Solapur on 28th , 29th, 30th September 2026 and 1st October 2026 from 10:00 A.M. to 12:00 noon, and thereafter as and when required by the Investigating Officer. VRJ 4 39 - ABA - 415 - 2026.doc (c) The Applicant shall not tamper with evidence in any manner. (d) The Applicant shall provide the Investigation Officer, Akluj Police Station, Solapur with her residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time on 28th September 2026. 11. The observations made in this order are for the purpose of deciding the Bail Application and will not have any impact on the trial. 12. Anticipatory Bail Application No.415 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 5 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.21 21:04:40 +0530