Bombay High Court
Mukesh Ramdas Badwaik vs State Of Maharashtra Thr Pso Sitabuldi ... on 9 February, 2026
1 aba762.2025..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 761 OF 2025
(Mukesh Ramdas Badwaik and ors Vs. the State, thr PSO, PS Sitabuldi, Nagpur)
AND
CRIMINAL APPLICATION (ABA) NO. 762 OF 2025
(Arpan Kishor Pande and anr Vs. the State, thr PSO, PS Sitabuldi, Nagpur)
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Anshuman N. Sambre with Mr. Krishna S. Agrawal Advocates for
applicants.
Mrs. M.R. Kavimandan, APP for non-applicant in ABA 761 of 2025.
Mr. C.A. Lokhande, APP for non-applicant in ABA 762 of 2025.
Mr. D.D. Chauragade, Advocate with Mr. Partho Sarkar, Advocate to
assist prosecution.
CORAM : M.W. CHANDWANI, J.
CLOSED FOR ORDER ON : 17.01.2026.
ORDER PRONOUNCED ON : 09.02.2026
Both the applications are arising out of the same crime i.e. Crime No. 833/2025, registered with Sitabuldi Police Station, Nagpur, for offences punishable under Sections 406, 409, 420 and 120-B of the Indian Penal Code and therefore, they are being disposed of by this common order.
2. The applicants in both the applications will hereinafter be referred to by their first name.
3. Police machinery was put into motion on the complaint lodged by one Mr. Ganesh Ramchandra Chakkarwar, who has 33% shareholding in V.R.G. Health Care Pvt. Ltd ("VRG 2 aba762.2025..odt Healthcare", for short). Mr. Ganesh alleged that 67% of the shares were held by the main accused Dr. Sameer Paltewar along with his wife Mrs. Sonali Paltewar, the other co-accused. VRG Healthcare also runs Meditrina Institute of Medical Sciences ("Meditrina Hospital", for short). The allegations in the First Information Report ("FIR", for short) are that Dr. Sameer, his wife Sonali and son Ninad Paltewar established Obviate Health Care Pvt. Ltd. and transferred an amount of Rs. 11,41,70,540/- under the name of medical consultancy from the account of Meditrina Institute of Medical Sciences to the account of Obviate Health Care Pvt Ltd.
4. In the FIR, it is also alleged that main accused Dr. Sameer along with the other co-accused prepared false, forged and bogus bills of digital marketing and advertising in the name of Meditrina Hospital and transferred the amount of Rs. 23,90,000/- in the account of applicant Arpan; Rs. 44,43,000/- in the account of applicant Kishor; Rs. 88,93,529/- in the account of applicant Akash; Rs. 40,93,000/- in the account of applicant Mukesh; Rs. 46,70,000/- in the account of applicant Ms. Vaishali; Rs. 42,00,000/- in the account of applicant Ms. Trupti; Rs. 40,98,000/- in the account of applicant Ms. Rita; Rs. 42,51,846/- in the account of applicant Mr. Naim;
3 aba762.2025..odt Rs. 45,49,000/- in the account of applicant Ms. Priyanka. The allegations are that the main accused Dr. Sameer along with the other co-accused has misappropriated an amount to the tune of Rs. 16,83,78,915/-.
5. Heard Mr. Anshuman Sambre alongwith Mr. Krishna Agrawal, learned Counsels for the applicants, Mrs. M.R. Kavimandan, learned APP for the non-applicant/State in ABA No. 761/2025, and learned APP Mr. C.A. Lokhande for non- applicant/State in ABA No. 762/2025 and Mr. Partho Sarkar, Advocate appearing on behalf of the complainant.
6. Mr. Sambre, learned counsel for the applicants vehemently submitted that various medical camps are being organized by Meditrina Hospital and therefore, digital marketing services were required. Accordingly, digital marketing and advertisement services were provided by all the applicants through their firms to Meditrina Hospital and in consideration of the said services,the bills were raised. Accordingly, amounts were paid to the respective applicants towards the services provided by them. Since, the applicants are the owners of different advertising agencies who provided digital marketing services to Meditrina Hospital for organizing various medical camps and health 4 aba762.2025..odt awareness programmes as well as campaigns through social media like Facebook, Instagram etc, the amount has been transferred from account to account after raising the bills. All the bills are with the Investigating Agency and not a single amount which is more than the bill has been credited to the account of the applicants. He has submitted that the applicants have attended the concerned police station as per the directions of this Court while granting ad interim relief and have cooperated in the investigation. Nothing is required to be seized from them and therefore, custodial interrogation of the applicants may not be required. Hence, he prayed for confirmation of the ad interim order passed by this Court on 7.10.2025.
7. Mr. C.A. Lokhande, learned APP for the State and Mr. Sarkar, learned counsel appearing for the complainant have vehemently submitted that the applicants have prepared bogus bills without having provided any digital services to Meditrina Hospital, just to show expenses for reducing the income of the hospital and to deprive the complainant of his entitlement to the divident. It is also contended that applicant Mukesh is the LIC agent of the main accused Dr. Sameer, whereas, applicants Ms. Vaishali, Ms. Rita and Ms. Trupti are his mother, wife and sister, respectively. Applicants Suresh and Arpan are employees 5 aba762.2025..odt of Meditrina Hospital, applicant Ms. Priyanka is the wife of Mr. Suresh, whereas applicant Kishor is the father of Arpan. They all are hand in glove along with main accused Dr. Sameer and other co-accused and showed themselves to be the owner of different digital marketing companies. Huge amount has been siphoned to deprive the complainant of his rightful entitlement. According to the learned APP, sham and bogus agreements have been prepared by the main accused, along with the applicants and therefore, custodial interrogation of the applicants is required to discover the money trail. Hence, he sought rejection of the application.
8. I have gone through the case record. Perusal of the case diary reveals that the complainant is a shareholder of VRG Healthcare which runs Meditrina Hospital, wherein Dr. Sameer and his wife hold 67% shares. Meditrina Hospital provides various medical services to patients. It appears that the applicants claim to have provided digital marketing and advertisement services to Meditrina Hospital and therefore, the amount mentioned in the FIR has been credited into their respective accounts. It appears that there is a dispute between the complainant on one side and the main accused Dr. Sameer as well as his wife on the other. The dispute escalated to the extent 6 aba762.2025..odt that a resolution for removal of the complainant came to be passed. The matter is pending before the NCLT and an Administrator has also been appointed by the NCLT. It also appears that earlier two FIRs have been registered against the complainant as a result of the dispute between him and the main accused in respect of management of Meditrina Hospital.
9. There are allegations against the main accused that he along with other co-accused siphoned the money of the company by raising fictitious bills of digital marketing and advertisements. It is also revealed from the record that applicant Mukesh is the LIC agent of the main accused, whereas applicants Suresh and Arpan are employees of Meditrina Hospital. Huge amount has been credited either to their account or the account of the other applicants who are relatives of Mukesh, Suresh and Arpan. Substantial amount has been transferred to the account of Ms. Vaishali, Ms. Rita and Ms. Trupti, mother, wife and sister of Mukesh, respectively as well as to the account of Mrs. Priyanka, the wife of Suresh. It is also revealed that an amount of Rs. 44,43,000/- has been credited to the account of applicant Kishor
- the father of Arpan. The fact that Mukesh was very close to the accused being his LIC agent and Suresh as well as Arpan being the employees, it prima facie appears that it has been staged that 7 aba762.2025..odt digital services have been provided by these applicants and their close relatives, who are very well connected with Meditrina Hospital which goes to show that there is involvement of applicants Mukesh, Suresh and Arpan in the crime. Rather, they have played an instrumental role in raising bills in the name of their close relatives and getting the amount credited in the account of their nearest relatives.
10. Perhaps, the mother, wife and sister might not have been directly involved and preparing bills and getting the amount credited in their account may be at the instance of Mukesh. Likewise, in the case of employees Suresh and Arpan; Priyanka, wife of Suresh, and Kishor, father of Arpan also may not know the real transaction and might have acted at the instance of Suresh and Arpan who were actively involved in the affairs of Meditrina Hospital, being employees.
11. So far as applicants Mukesh, Suresh and Arpan are concerned, it appears that there is direct involvement of these applicants along with the main accused in siphoning the money by raising the bills. The Investigating Agency has to discover the money trail to connect the dots and these persons are the best persons to reveal this aspect of the case. Therefore, custodial 8 aba762.2025..odt interrogation of Mukesh, Suresh and Arpan is necessary to advance the investigation further. In view of this aspect and considering the nature of allegations against them, discretion of extraordinary relief cannot be exercised in their favour.
12. So far as applicants Vaishali, Rita and Trupti, who are the mother, wife and sister of applicant Mukesh as well as Priyanka and Kishor ,who are wife and father of applicant Sarvesh and Arpan, respectively are concerned, as stated above, the possibility of acting at the behest of Mukesh, Sarvesh and Arpan cannot be ruled out. Applicants Vaishali, Rita, Trupti and Priyanka being ladies and Kishor being a senior citizen, can be protected by granting anticipatory bail.
13. Likewise, prima facie it appears that there is no material as of today to show that applicants Akash and Naim have received the amount of Rs. 42,51,846/- and Rs. 88,93,529/-; without providing digital services, perhaps, due to the fact that investigation is at the primary stage. They can be interrogated in this regard. Therefore, they can also be protected by granting anticipatory bail.
14. In the result, following order:
i) Application for anticipatory bail of applicants namely, 9 aba762.2025..odt Mukesh Ramdas Badwaik, Sarvesh Kashinathrao Dhomne and Arpan Kishor Pande is rejected.
ii) Application for anticipatory bail of applicants namely, Vaishali Ramdas Badwaik, Rita Mukesh Badwaik, Priyanka Sarvesh Dhomne, Kishor Vinayakrao Pande, Aakash Madhukarrao Kedar, Trupti Prakash Ghode and Naim Bashir Diwan is allowed.
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iii) In the event of arrest, applicants namely, Vaishali Ramdas Badwaik, Rita Mukesh Badwaik, Priyanka Sarvesh Dhomne, Kishor Vinayakrao Pande, Aakash Madhukarrao Kedar, Trupti Prakash Ghode and Naim Bashir Diwan, they be released on executing a P.R. Bond of Rs. 25,000/- each with solvent surety each in the like amount.
iv) Applicants Vaishali Ramdas Badwaik, Rita Mukesh Badwaik, Priyanka Sarvesh Dhomne, Trupti Prakash Ghode and Kishor Vinayakrao Pande shall appear before the Investigating Officer as and when directed by him.
v) Applicant Aakash Madhukarrao Kedar and Naim Bashir Diwan shall attend the concerned Police Station on every Monday and Thursday, for the period four weeks, between 11.00 a.m. to 1.00 p.m. and cooperate in the investigation.
Needless to mention that the observations made in this order are strictly prima facie in nature and are restricted only to the disposal of these applications.
JUDGE Belkhede