Uddhav Sitaram Jadhav And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:7928
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 943 ANTICIPATORY BAIL APPLICATION NO. 286 OF 2025 UDDHAV SITARAM JADHAV AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. S.E. Shekade APP for Respondents 1 & 2 : Mr. A.A.A. Khan ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
18/03/2025 PER COURT :
1.
Today, the learned counsel for the applicants submits that applicant No. 2 -Mahendra Vitthalrao Takankhar and applicant No. 3 - Dharmaraj Bhise were already released on anticipatory bail vide order dated 7.3.2023 in ABA No. 1420/2023. However, inadvertently, the names of applicant Nos. 2 and 3 are mentioned in this application. The learned counsel therefore seeks leave of this Court to delete the names of applicant Nos. 2 and 3. Leave is granted. Name of applicant Nos. 2 and 3 be deleted forthwith. 2.
As regards applicant No. 1 - Uddhav Sitaram Jadhav is concerned, heard the learned counsel for the applicant and the learned APP for the respondents-State.
3.
The applicant - Uddhav Sitaram Jadhav is apprehending arrest in connection with Crime No. 117/2018 dated 12.4.2018 registered with Majalgaon City Police Station, Majalgaon, District Beed for the offences punishable under sections 420, 406, 409, 467, 120-B of I.P.C. and under sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act. 4.
This Court by order dated 6.3.2024 has granted interim protection to the applicant by noting the submissions at para Nos. 3 to 6, as under :-
"3.
The learned Counsel for the applicants submits that the applicants are directors of the society, and allegations of misappropriation of funds have been made against the directors in 11 FIRs, including the present one. He further submits that an earlier anticipatory bail application was dismissed by this Court on 20/06/2018.
4.
The learned Counsel for the applicants states that the applicants were arrested in some of the FIRs and have been in custody for one month. He further submits that chargesheets have already been filed in these FIRs, and since the present FIR is identical to the others, further custodial interrogation may not be necessary.
5.
The learned Counsel for the applicants relies on the order passed in ABA/1420/2023, dated 07/03/2024, and submits that a similarly placed director has also been granted anticipatory bail.
6.
Considering the aforesaid submissions, particularly that the investigation is now nearly complete and the nature of the allegations in all the FIRs is identical, and thus further custodial interrogation of the applicants is not necessary." 5.
The learned counsel for the applicant submits that thereafter applicant has cooperated with investigation which fact is not disputed by the learned APP. The applicant has been granted anticipatory bail in identical cases and in one case the applicant has been behind bars for the period of one month.
6.
Considering the interim order dated 6.3.2025 and above submission, I deem it appropriate that custodial interrogation of the applicant is not necessary and the interim protection granted on 6.3.2025 can be confirmed.
7.
In view of the above, the application is allowed and the interim protection granted on 6.3.2025 is confirmed on the following terms : i] The applicant shall attend the police station as and when
required.
ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
8.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10.
The application stands disposed of.
[ARUN R. PEDNEKER, J.] SSC/