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Bombay High CourtBA/32/2025disposed off

Pawan Arjun Kale v. The State Of Maharashtra

2025-04-28Hon'Ble Shri Justice Abhay S. Waghwase4 pages

2025:BHC-AUG:12151 {1} BA 32 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 32 OF 2025 WITH CRIMINAL APPLICATION NO. 731 OF 2025 IN BA/32/2025 Pawan Arjun Kale Age: 28 years, Occu.: Private Service, R/o. Pawarwadi, Tq. & Dist.Dharashiv.

....Applicant

Versus

The State of Maharashtra Through Police Station Incharge, Anandnagar Police Station, Dharashiv, Tq. & Dist.Dharashiv.

.....Respondent .....

Advocate for Applicant : Mr. Abhijit S. More APP for Respondent State : Mr.S.B.Narwade Advocate for assist to PP / Informant : Mr.Deepali S. Patil h/f. Mr.A.P.Yenegure .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 25 APRIL, 2025 PRONOUNCED ON : 28 APRIL, 2025 ORDER :

1.

Vide instant application, prayers are raised for grant of regular bail on account of arrest of applicant in crime no.0017 of 2023 registered at Anandnagar Police Station, District Dharashiv, for offence under Sections 471, 468, 467, 420, 409, 406 of the Indian

{2} BA 32 OF 2025 Penal Code (IPC).

2.

Criminal Application No.731 of 2025 is filed by the original informant seeking permission to assist Public Prosecutor. For the reasons mentioned in the application, Criminal Application No.731 of 2025 is allowed and disposed of.

3.

In the bail application, it is submitted that applicant is arrested in above crime on 12-08-2024. He further submitted that there are allegations that there is misappropriation of amount to the tune of Rs.94,93,661/- and alleged fraud is committed in Sumitra Muti-State Co-Operative Credit Society Limited, Solapur, Branch Osmanabad (Dharashiv) during the year 2021 and 2022. It is submitted that applicant is shown to be Clerk and he alongwith other persons are named for committing the fraud. That, now investigation is over and chargesheet is already filed in November, 2024. That, entire evidence pertains to documentary evidence. That, there is no further recovery or discovery to be made from applicant and as trial is taking sufficiently long time to conclude, he urges for grant of bail. 4.

Learned APP as well as learned counsel for informant have both opposed application on the ground that huge fraud has been

{3} BA 32 OF 2025 committed by making irregularities like re-drawing the bills etc. That, eleven farmers' account are operated and money is transferred, It is pointed out that economic fraud of Rs.94,93,661/- has been determined to be committed and therefore, above crime has been registered. They submitted that applicant is named. That, there are allegations of forgery and manufacturing bogus bills for committing fraud and therefore, they strongly opposed grant of bail. 5.

Heard. Perused the papers. FIR dated 16-01-2023 at the instance of one Anand Bandopant Badave, who was one of the Directors of aforesaid Society. He reported that during the period 21-12-2021 to 05-12-2022, Pawan Arjun Kale i.e. present applicant alongwith other persons committed irregularities by drawing double bills towards sugarcane 1⁄4nqckj ml chy1⁄2 from account of 11 farmers and instead of depositing it in the accounts of farmers, vide RTGS, amounts are transferred in their own accounts. Fraud is said to be to the tune of Rs.94,93,661/-. Apparently amount is huge. It is fraud played on farmers as well as Society. Applicant was working as Clerk in the said Society and thus, holding a responsible post. Considering the same, though chargesheet is filed, this Court is not inclined to grant bail. Hence, the following order:

{4} BA 32 OF 2025

ORDER

Bail Application is rejected.

( ABHAY S. WAGHWASE ) JUDGE SPT