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Bombay High CourtBA/929/2025application allowed

Raju Baburao Katore v. The State Of Maharashtra

2025-06-03Hon'Ble Shri Justice Sanjay A. Deshmukh4 pages

2025:BHC-AUG:14370

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 929 OF 2025 Raju Baburao Katore, Age : 48 Years, Occu. : Agriculture, R/o. Ukkadgaon, Tq. Shrigonda, Dist. Ahilyanagar (Ahmednagar).

.... Applicant

VERSUS

The State of Maharashtra Through the Police Inspector, Parner Police Station, Tq. Parner, Ahilyanagar.

.... Respondent ....

Advocate for Applicant : Mr. V.D. Hon, Senior Advocate APP for Respondent-State : Mr. S.B. Jadhav ....

CORAM : SANJAY A. DESHMUKH, J.

(VACATION COURT) Dated : 03rd June 2025 ORDER [PER COURT] :- 1.

The applicant seeks enlargement on regular bail on account of his arrest in crime bearing No.0532 of 2024, registered with Parner Police Station, Tq. Parner, Dist. Ahmednagar, for the offences punishable under Sections 409, 420 read with 34 of the Indian Penal Code, 1860 and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

2.

Learned counsel for the applicant pointed out that the applicant is falsely implicated in the crime. He has no concern with the alleged crime. The name of the applicant is not mentioned in the report. Later on, due to political pressure, his name has been added in the report. The applicant is only the borrower of the Raje Shivaji Gramin Bigarsheti Sahakari Patsanstha Maryadit, Kanhur Pathar. He has mortgaged his property with the said society as a security for the loan of Rs.50 Lakhs. Recovery proceeding is going on. Despite that fact, the applicant has been arrested. The applicant is in jail since 08.04.2025. He has roots in the society. He will not flee away from the trial if the bail is granted to him. He is even ready to deposit the amount of loan which he is bound to repay. Considering the peculiar set of facts, role of the applicant and principle of parity, the application deserves to be allowed. Lastly, he prayed to allow the application.

3.

Learned APP strongly opposed the application and submitted that the applicant is involved in this serious crime. He has borrowed an amount of Rs.50 Lakhs as a loan from Raje Shivaji Gramin Bigarsheti Sahakari Patsanstha Maryadit, Kanhur Pathar and he has to pay it alongwith interest. The said loan amount was granted for agricultural purpose and the applicant had invested it in real

estate with the help of other co-accused. Therefore, considering the huge amount, the application deserves to be rejected. He, lastly, prayed to reject the application.

4.

Perused the papers of investigation, particularly the statements of witnesses. On perusal of case papers, the custodial interrogation of the applicant is not necessary. He is in the magisterial custody. He has roots in the society. He will not flee away from the trial. Trial will take a long period. Considering the peculiar set of facts, particularly that the other co-accused are released on bail, who are Director of the said society, the application deserves to be allowed on condition to deposit some amount immediately and also by installment. Hence, the following order.

ORDER

I) The application is allowed.

II) Applicant Raju Baburao Katore, be released on bail in connection with Crime No.0532 of 2024, registered with Parner Police Station, Tq. Parner, Dist. Ahmednagar, on executing P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount on following conditions :

a) The applicant shall deposit Rs.06 Lakhs within a week from today and Rs.06 Lakhs within two weeks thereafter.

b) The applicant shall deposit the loan amount with interest in installment of Rs.03 Lakhs each month or total amount as early as possible.

III) The applicant shall not tamper prosecution evidence and prosecution witnesses.

IV) Bail before the trial court.

V) Concerned to act upon authenticated copy of this order. [ SANJAY A. DESHMUKH ] JUDGE asd