VISHAKHA AVINASH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.281 of 2023 for the offences punishable under Ss. 420, 406, 409 r/w 34 of the Indian Penal Code, 1860 (for short ' IPC ') and Sec. 3 and 4 of Maharashtra Protection of Interest of Depositors Act (for short 'MPID Act'), the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) According to prosecution, the informant first information report (F.I.R.) against the applicant and her husband alleging that the applicant's husband is running an investment firm APS Wealth Venture LLP which accepts deposit in the form of investment and pays 5% of invested amount every month. In the result investors would get doubled amount in 20 months. Based on such promise, the informant invested amount with the investment firm. According to informant, several other investors invested amount with the firm of accused No.1. The amount of Rs.300.00 crore were invested by investors with the said firm. Accordingly, informant invested Rs.6.00 lakh on 27/11/2021 in the name of his sister and agreement was entered into between them promising that there will be 5% profit and 5% principal on the said investment will be returned per month. Initially, the informant received promised returns till month of May. Thereafter, amount was not paid, which resulted in filing of F.I.R. against the accused persons including applicant/accused.

(3.) The applicant, therefore, filed application under Sec. 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dtd. 30/5/2023. Aggrieved thereby, the applicant has filed the present anticipatory bail application.