Pawan Devidas Adhane v. The State Of Maharashtra
2025:BHC-AUG:5367 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 77 OF 2025 Pawan S/o. Devidas Adhane, Age : 26 years, Occu. : Business, R/o. Viramgaon Village, Tq. Khultabad, Dist. Aurangabad.
... Applicant
Versus
The State of Maharashtra (At the instance of Cidco Police Station, Aurangabad) ... Respondent ......
Mr. A. K. Bhosle, Advocate for Applicant Mr. S. B. Narwade, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 25th FEBRUARY, 2025 PRONOUNCED ON : 26th FEBRUARY, 2025 ORDER :
1.
Present application is for grant of regular bail on account of arrest of applicant in Crime No. 0674 of 2023 registered at CIDCO Police Station, District Aurangabad for offence punishable under sections 406, 408, 409, 420, 465, 468, 467, 471, 120-B r/w section 34 of IPC and under sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (MPID) Act, 1999. 2.
Learned counsel for applicant submitted that, applicant was working as a Manager in the 'Aurangabad District
-2Yashswini Mahila Swayam Sahayata Bachat Gat Sahakari Patsanstha'. That, Chairman, Vice-chairman and other office bearers are already granted bail. That, applicant has also tendered affidavit regarding owning properties, which he has no objection to be attached. On similar affidavits other accused are already granted bail by this court by order dated 14.12.2024, 20.12.2024 and 08.01.2025. Therefore, on the sole ground of parity, present application is also sought to be allowed.
3.
Learned APP opposed on the ground that applicant was a Manager of the said Bachat Gat Sahakari Patsanstha. He has participated in misappropriating amount to the tune of Rs.48,00,00,000/-. That, investigation is revealed that he is beneficiary of Rs. 33,00,000/-, which went to his credit. He has formed bogus Bachat Gat. That, his role is distinct than other accused and for all above reasons, application is opposed. 4.
Heard. Perused the papers. FIR dated 07.10.2023 seems to be at the instance of one auditor, who after conducting financial audit of Aurangabad District Yashswini Mahila Swayam Sahayata Bachat Gat Sahakari Patsanstha from the year 20222023 claims to have unearthed fabrication of documents granting loans on the investments and committed fraud and cheating on
-3investors. In all 16 persons are shown to be involved in committing misappropriation to the tune of Rs.28,81,85,036/-. On above report, crime seems to have been registered on 07.10.2023 for above offence. Now, charge sheet is already filed on 30.12.2023. Learned counsel has placed on record bail orders in favour of Manisha Ambhore, Vice-President; Savita Adhane, President; Shweta Adhane i.e. wife of present applicant and Devidas Adhane. Consequently, ground of parity is pressed into service. When all above beneficiaries are named in the FIR and are shown to be officiating as President, Vice-President and Directors, there is no reason to refuse similar relief to the present applicant, as he too has placed on record affidavit like others regarding readiness to attach their properties. Hence, the following order is passed :-
ORDER
(i) The Application is allowed.
(ii) Applicant Pawan S/o. Devidas Adhane be released on bail in connection with Crime No. 0674 of 2023 registered with CIDCO Police Station, District Aurangabad on executing P.B. of Rs.50,000/- with one or more sureties in the like amount.
(iii) Applicant shall file an undertaking to the effect that he will not dispose of the properties owned by him or the credit society, which are mentioned in the affidavit filed by the applicant till conclusion of the trial.
-4- (iv) Applicant shall not tamper prosecution evidence. (ABHAY S. WAGHWASE, J.) Tandale