Ramsing Mansing Jadhav v. The State Of Maharashtra

2024:BHC-AUG:24150

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 BAIL APPLICATION NO. 1606 OF 2024 AND 18 BAIL APPLICATION NO. 1607 OF 2024 RAMSING MANSING JADHAV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. P. P. More and Mr. Sandip P. Rathod Special PP for Respondent : Ms. Komal Kandharkar ...

CORAM : S. G. MEHARE, J.

DATE : 07-10-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned Special Public Prosecutor for the respondent. 2.

The applicant seeks bail in two crimes bearing C.R.Nos.454 and 455 of 2023 registered with CIDCO Police Station, Chatrapati Sambhajinagar, for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 120B, 217 read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interests of Depositors (Financial Institutions) Act, 1999 and Sections 21 and 23 of the Bailing of Unregulated Deposit Scheme Ordinance, 2019.

3.

Admittedly, the applicant was the Director of the Adarsh Nagar Co-operative Credit Society. In an audit, it has been

discovered that the loans have been disbursed illegally and the money has been misappropriated. Audits were carried out for the said period. The Auditor find that the applicant and other coaccused have committed the offences and deliberately cheated the depositors for their own benefit. Hence, two crimes were registered.

4.

The applicant has a case that he is a poor man having one and half acres of land. He was under the impression of the Chairman of the society. He had even not knowing that he was made a Director of the credit society. However, his some signatures were obtained by the Chairman. He had no knowledge of such a business. He has been made a scapegoat by the Chairman of the society. The prosecution has no evidence to show that he was benefited out of fraud played by the Chairman and others. It seems that he has been just arraigned as the accused as he was signatory of the papers.

5.

The learned Special Public Prosecutor has fairly submitted that the applicant did not sign the resolution of actual loan. However, he has signed the resolution of the next date confirming the earlier resolutions. He has argued that the applicant had taken a loan of Rs.5 Lakh. However, the learned counsel for the applicant submits that it was repaid long back.

6.

The role attributed to the applicant is to be considered. The possibility of making him a dummy Director under the influence of a big man cannot be ruled out. Prima facie nothing is against him that out of the benefit, he made money. He is a poor man. The investigation against him has been completed. Hence, it would be inappropriate to keep him behind bar. The applicant deserves bail. Hence, the order:-

ORDER

i) The bail applications are allowed.

ii) Applicant - Ramsing Mansing Jadhav be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crimes for the aforesaid offences, on the condition that he should attend the trial on each date.

( S. G. MEHARE ) JUDGE rrd