Sharad Shankarrao Dhonde v. The State Of Maharashtra

2024:BHC-AUG:2065 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1541 OF 2023 Sharad Shankarrao Dhonde ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Mr. A.B. Kale a/w. Ms. Sakshi Kale, Advocate for applicant. Mr. S.D. Ghayal, APP for respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 31 st JANUARY, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 6293/2020, registered Topkhana Police Station, Ahmednagar, for offences punishable under sections 403, 406, 408, 409, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 465, 466, 467, 468, 471, 474, 477 477-A, 120-B, 107, 108, 109, 110, 111, 504, 506 r/w. 34 of the Indian Penal Code and Sections 3, 4, 5, 6, 7, 8 and 13 of Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999.

2.

Applicant is a Director of Raosaheb Patwardhan Nagari Patsanstha Maryadit, Ahmednagar. Allegation against applicant, other directors and employees of said patsanstha is

{2} that they induced investors to invest amount in the society and instead of returning the amount with interest, said amount was misappropriated.

3.

Heard the learned advocate for applicant and learned APP for respondent. Perused the investigation papers. 4.

Applicant claims that he was director from the year 2010 and he tendered resignation from the said post on 31.03.2013 and since that date he did not participate in the affairs of society and business of society was being looked after by Chairman Smt. Latika Pawar and her brother Santosh Kadam. Applicant has placed on record copy of letter dated 12.05.2015, addressed to Chairman, informing him that in spite of his resignation dated 31.03.2013 and though he has not participated in the business of society, he is not informed that his resignation is accepted. He has therefore informed that from the date of submitting resignation his directorship has come to an end and he is not responsible for affairs of society. Copy of said letter is also marked to District Deputy Registrar and Sub Registrar of Co-operative department.

{3} 5.

Charge sheet in the present matter is already filed and one of the director of said society namely Sanjay Manchare is granted bail by this Court vide order dated 17.07.2023 passed in Anticipatory Bail Application No. 110/2023. 6.

Learned APP fairly concedes that applicant is similarly situated like applicant in Anticipatory Bail Application No. 110/2023.

7.

It seems that applicant stands on better footing than Sanjay Manchare, in view of the fact that he has tendered resignation on 31.03.2013 and has not participated in the affairs of society since that date.

8.

Application is therefore allowed by confirming the interim protection dated 14.09.2023.

[NITIN B. SURYAWANSHI, J.]