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Bombay High CourtIA/1867/2021disposed off

Ramshwar Ratan Mhaske v. The State Of Maharashtra

2022-03-23Hon'Ble Shri Justice C.V. Bhadang6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1716 OF 2021 Suresh Sitaram Ghangale INTERIM APPLICATION NO.1718 OF 2021 IN CRIMINAL BAIL APPLICATION NO.1716 OF 2021 Rameshwar Ratan Mhaske ...Intervener Digitally signed by MAMTA AMAR KALE Date:

2022.04.08 15:52:16 +0530

IN THE MATTER BETWEEN

MAMTA AMAR KALE Suresh Sitaram Ghangale CRIMINAL BAIL APPLICATION NO.2053 OF 2021 Santosh Sudam Korde INTERIM APPLICATION NO.1715 OF 2021 IN CRIMINAL BAIL APPLICATION NO.2053 OF 2021 Rameshwar Ratan Mhaske ...Intervener

IN THE MATTER BETWEEN

Mamta Kale page 1 of 6

Santosh Sudam Korde CRIMINAL BAIL APPLICATION NO.1861 OF 2021 Vishal Murlidhar Supekar INTERIM APPLICATION NO.1714 OF 2021 IN CRIMINAL BAIL APPLICATION NO.1861 OF 2021 Rameshwar Ratan Mhaske ...Intervener

IN THE MATTER BETWEEN

Vishal Murlidhar Supekar CRIMINAL BAIL APPLICATION NO.1896 OF 2021 Nilesh Janardan Kumbhar INTERIM APPLICATION NO.1867 OF 2021 IN CRIMINAL BAIL APPLICATION NO.1896 OF 2021 Rameshwar Ratan Mhaske ...Intervener

IN THE MATTER BETWEEN

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Nilesh Janardan Kumbhar CRIMINAL BAIL APPLICATION NO.3290 OF 2021 Vishnu Ramchandra Bhagwat ---- Mr. Tushar Sonawane for the Applicant in BA No.1716/2021 and BA No.2053/2021.

Mr. Sanjeev Kadam a/w Mr.Ajit Hon for the Applicant in BA Nos.1861/2021 and BA No.1896/2021.

Mr. Sudatta Patil a/w Mr.Vikramsingh Parmar for the Applicant in BA No.3290/2021.

Mr. A. R. Kapadnis, APP for the Respondent-State. Mr. Hemant Kenjalkar and Ms.Minal Kamble for the Intervenor in all Interim Applications.

Mr. D.S. Pawar, PI, EOW, Pune (Rural).

---- CORAM : C.V. BHADANG, J.

DATE : 23 MARCH 2022 P.C.

.

All these Applications seeking bail, arise out of Crime No.201/2019 of Police Station Aalephata, District Pune, under Section 406, 409 and 420 of IPC r/w. Section 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and Section 3, 4, 5 and 6 of the The Mamta Kale page 3 of 6

Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

2.

The aforesaid crime is registered on the basis of complaint dated 11 June 2019 lodged by Balasaheb Savkar Mhaske. 3.

The prosecution case is that the Applicant Vishnu Bhagwat (A1) being the Chairman and Applicants Santosh Korde (A2), Suresh Ghangale (A3), Nilesh Kumbhar (A4) and Vishal Supekar (A5) being the Directors of Mauli Multistate Credit Society Ltd., Aalephata have induced the customers / investors to invest various amounts with the society with the assurance of good returns. However, they have failed to return the amount, as assured. According to the prosecution, the misappropriation is to the tune of Rs.2,98,81,883/-. Some of the investors were also induced to bring other persons to invest and were promised incentives in the nature of luxury / high end cars etc. Apart from Mauli Multistate Credit Society Ltd., Aalephata, there are two other entities namely Sankalp Siddhi Product India Pvt. Ltd. And Ujavalam Agro Multistate Cooperative Society. 4.

It appears that Crime No.209/2019 is registered with Mumbai Naka Police Station, Nashik and Crime No.16/2021 is registered with Sonai Police Station, Newasa, Ahmednagar against some of the accused on similar allegations. Mamta Kale page 4 of 6

5.

These Applications were heard for some time. It was noticed that in Crime No.209/2019 of Police Station Mumbai Naka, Applicant Santosh Korde (A2) and Suresh Ghangale (A3) have been granted bail by the learned Special Court on 16 January 2021, while the Applicant Suresh Ghangale (A3) and Nilesh Kumbhar (A4) have been granted bail in Crime No.16/2021 by the learned Special Court at Ahmednagar on 20 November 2021.

6.

In such circumstances, the learned counsel for the parties, on instructions, seek leave to withdraw the Applications as the Applicants intend to approach the learned Special Court, afresh for bail, in the context of the orders passed in Crime No.209/2019 of Police Station Mumbai Naka, Nashik and Crime No. 16/2021 of Police Station Sonai, Newasa, Ahmednagar. 7.

The learned counsel for the Applicants submitted that although there are distinct offences registered, they are on similar allegations and therefore, the grant of bail in the crime at Mumbai Naka Police Station and the Newasa Police Station, Ahmednagar, would be relevant and have a bearing on the claim of the Applicants to be released on bail in the present crime. 8.

In the result, the Criminal Applications are disposed of, as withdrawn, with liberty, as prayed. It is made clear that this Mamta Kale page 5 of 6

Court has not examined the merits of any such Application/s, if filed. The learned Special Court shall decide the Application/s for bail filed by the Applicants, on their own merits and in accordance with law, without being influenced by the withdrawal of these Applications. The Applicants are stated to be in custody since the year 2019. The rival contentions of the parties are left open. As such, the learned Special Court shall decide the Applications, as expeditiously as possible and preferably within a period of eight weeks from the date of filing. The Interim Applications also stand disposed of.

(C.V. BHADANG, J.) Mamta Kale page 6 of 6