Bombay High Court Sarthak Diliprao Palkar And Anr vs State Of Maharashtra on 21 February, 2024 2024:BHCAS:8456 [email protected] CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.104 OF 2022 WITH INTERIM APPLICATION NO.1086 OF 2022 Dhananjay Sharadchandra Kulkarni and Others ...Applicants vs. The State of Maharashtra ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.105 OF 2022 WITH INTERIM APPLICATION NO.1084 OF 2022 Mahesh Avinash Sakhalkar and Others ...Applicants vs. The State of Maharashtra ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.106 OF 2022 WITH INTERIM APPLICATION NO.1082 OF 2022 Sarthak Diliprao Palkar and Another ...Applicants vs. The State of Maharashtra ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.107 OF 2022 WITH INTERIM APPLICATION NO.1080 OF 2022 Gitesh Sahebrao Gaikwad and Ors. ...Applicants vs. The State of Maharashtra ...Respondent Mr. Manoj Mohite, Senior Advocate a/w. Ms. Neha Sule i/b. Ms. Shivani Nayak, for the Applicants in ABA No. 104 of 2022. Mr. Aabad Ponda, Senior Advocate a/w. Ms. Varsha Bhosale, Mr. VSP 1/24 ::: Uploaded on 22/02/2024 ::: Downloaded on 07/03/2024 10:20:55 ::: [email protected] Bhushan Mahadik i/b. Mahadik and Associates, for the Applicants in ABA No. 105 of 2022. Mr. K.N. Kandekar, Senior Advocate a/w. Ms. Manvita Malpekar i/b. Shaunak Sawant, for the Applicants in ABA No. 106 of 2022. Mr. K.N. Kandekar, Senior Advocate a/w. Ms. Pallavi Pakale, Mrs. Nikita Pawar i/b. Ms. Miloni Shah, for the Applicants in ABA No. 107 of 2022. Mrs. Mankuwar Deshmukh, Special P.P. for the State. Mr. Girish Kulkarni, senior advocate a/w. Mr. H.S. Kadam and Mr. Dhanawade, for the Complainant/ first informant. Mr. Krupashankar Pandey a/w. Mr. Heramb Kamda, for the Interveners. Mr. Sandip Jagtap, PI, Satara City police station. CORAM : N. J. JAMADAR, J. RESERVED ON : 20th DECEMBER, 2023 PRONOUNCED ON : 21st FEBRUARY, 2024 ORDER: 1. These applications are for pre arrest bail in connection with C.R. No. 1067 of 2021 registered at Satara City police station initially for the offences punishable under sections 120B, 381, 403, 406, 408, 415, 418, 420, 463, 465, 468, 469, 481, 500, 477(A) of Indian Penal Code, 1860 (the Penal Code). Subsequently, an offence punishable under section 467 of the Penal Code has been added. Background facts and Position of the parties : 2. Prasanna Deshmukh, the first informant, is the Managing Director of Utopia Optovision Private Limited (Utopia). Mahesh Sakhalkar, the applicant in ABA No. 105 of 2022 (accused No. 1), VSP 2/24 ::: Uploaded on 22/02/2024 ::: Downloaded on 07/03/2024 10:20:55 ::: [email protected] Mrs. Gauri Deshmukh, the wife of the first informant, and Sandip Borse constituted the first Board of Directors of Utopia, which was established in 2008. Sandip Borse resigned from the Board of Directors. Since 11th March, 2008 the first informant, Mrs. Gauri Deshmukh and Mahesh Sakhalkar (accused No. 1) have been the Directors of Utopia. Utopia is engaged in the business of manufacturing of machine solutions primarily for the pharmaceutical sector. 3. Sarthak Palkar, the applicant in ABA No. 106 of 2022 (accused No. 13), was working in the Sales and Marketing Department of Utopia since May, 2010. Mrs. Kiran Palkar, the applicant No. 2 in ABA No. 106 of 2022 (accused No. 15), is the wife of applicant No. 1. 4. The applicant Nos. 3 to 9 in ABA No. 107 of 2022 were all working with Utopia in different depart