Bombay High Court
Shekhar Bapusaheb Chindhe vs State Of Maharashtra on 21 May, 2026
2026:BHC-AS:22701
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1325 OF 2026
Mr. Shekhar Bapusaheb Chindhe .. Applicant
Vs.
The State of Maharashtra And Anr. .. Respondents
Ms. Manisha D. Katkar a/w Ms. Shruti P. Pokale i/b Mr. Aadesh V. Konde
Deshmukh, Advocate for the Applicant.
Mr. Mayur Sonawane, A.P.P. for the Respondent-State.
PSI Mr. Bhupesh Salunkhe attached to Sinhagad Road Police Station, Pune City is
present in the Court.
Mr. Raheez Malik, Advocate for the Informant-Complainant.
CORAM : GAUTAM A. ANKHAD, J.
(VACATION COURT) DATE : 21st MAY 2026.
P.C. :
1. The Applicant has filed this application seeking pre-arrest bail in C.R. No. 155 of 2026 registered with Sinhagad Road Police Station, District-Pune for the offences punishable under Sections 318(4), 316(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 along with Sections 39 and 45 of Maharashtra Money Lending Act, 2014.
2. Ms. Manisha Katkar, learned Counsel appearing for the Applicant submits that the case of prosecution is that the Complainant had obtained loans from the bank. In 2023 due to urgent business requirements, he required additional funds. 1/5
21-ABA-1325-2026.doc Gitalaxmi ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:22:47 ::: The Complainant alleges that he was introduced to the Applicant through Sambhaji Thorve. The Applicant agreed to provide the loan at unconscionable interest rates and upon taking some properties from the Complainant. In essence, Rs. 50,00,000/- was credited to the Complainant's bank account. It is alleged that the Complainant has repaid part of the said amounts, which includes Rs. 17,03,000/- through bank transactions and Rs. 6,50,000/- in cash. It is alleged that Suraj Lokhande, Amit Kalate and Sambhaji Thorve are known to each other and under duress, the Complainant was pressurized to sign various documents. It is alleged that one the properties, which was taken from the Complainant under the said documents, has been sold to third party by Amit Kalate causing loss to the Complainant.
3. Mr. Raheez Malik, learned Advocate appearing for Respondent No. 2- Complainant opposes this application and submits that exorbitant interest rate has been charged. On account of non-payment of the said interest, the Complainant's properties have been taken over and thereafter sold by Amit Kalate. However, the Applicant was actively involved in this process.
4. Mr. Mayur Sonavane, learned A.P.P. for the State submits that the custodial interrogation is necessary since the Applicant has signed the Power of Attorney dated 21st March 2023, which has been used while selling the galas through Amit Kalate vide registered Agreement dated 8th November 2023.
5. I have perused the record and heard the learned Counsel appearing for the parties.
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6. The transaction has occurred in the year 2023. Certain cheques were handed over by the Complainant to the nephew of Applicant, who was also involved in the transaction and these have been dishonoured in the year 2023. However, the First Information Report has been lodged belatedly only on 17 th April 2026. There is no explanation whatsoever for this delay other than the statement of Mr. Raheez Malik, learned Advocate that a complaint was filed before the Police Commissioner at Pune. The FIR itself records that the Applicant had on a few occasions agreed to the terms and property transactions. The objection of Mr. Mayur Sonavane, learned A.P.P. that the custodial interrogation is necessary since the investigating officer requires the original Power of Attorney, cannot be accepted at this stage since the original Power of Attorney dated 21 st March 2023 is annexed to the Deed of Assignment dated 8 th November 2023, which is a registered document. I am informed that the said document is in possession of Amit Kalate (Accused No. 2). The investigating officer can certainly proceed against Amit Kalate for recovery of the said document.
7. In light of the above, Anticipatory Bail Application No. 1325 of 2026 is allowed on the following terms :-
(a) In the event of arrest of the Applicant in FIR bearing C.R. No. 155 of 2026 dated 17 th April 2026 registered with Sinhagad Road Police Station, District-Pune for the offences punishable under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 along with Sections 3/5 21-ABA-1325-2026.doc Gitalaxmi ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:22:47 ::: 39 and 45 of Maharashtra Money Lending Act, 2014, the Applicant shall be released on bail on furnishing P.R. Bond/S.B. Bond in the sum of Rs. 1,00,000/- with one or two local sureties in the like amount.
(b) The Applicant shall report to the Investigating Officer of Sinhagad Road Police Station, District-Pune once in a week on every Monday between 11:00 a.m. and 2:00 p.m. till filing of the charge-sheet. In the event the Applicant is required on any other day by the Investigating Officer, the Applicant shall ensure his presence before the said Officer.
(c) The Applicant shall not directly or indirectly tamper with the evidence nor influence any witnesses or persons concerned with the case.
(d) The Applicant shall not leave India without prior permission of the trial Court.
(e) The Applicant shall cooperate with the investigation and also in the proceedings before the trial Court.
8. In the event, the Applicant violates any of the conditions specified in 4/5 21-ABA-1325-2026.doc Gitalaxmi ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:22:47 ::: this order, the anticipatory bail granted herein shall be liable to be cancelled. It is clarified that the observations made in this order are merely prima facie observations and this Court has recorded the same only for the purposes of deciding the Anticipatory Bail Application and the Trial Court shall proceed with the matter without being influenced by the observations made hereinabove.
[ GAUTAM A. ANKHAD, J. ]
GITALAXMI
KRISHNA
KOTAWADEKAR
Digitally signed by
GITALAXMI KRISHNA
KOTAWADEKAR
Date: 2026.05.22
21:43:13 +0530
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