Mahesh Dashrath Sathe v. The State Of Maharashtra

2024:BHC-AUG:27786

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1002 BAIL APPLICATION NO. 2062 OF 2024 MANESH DASHRATH SATHE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondent/State : Mr. A.A.A. Khan ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 28, 2024 PER COURT :- 1.

Heard Mr. R.R. Karpe, learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail as he was arrested in connection with Crime No. 121/2022 dated 17.2.2022 registered with Kotwali Police Station, District Ahmednagar for the offences punishable under sections 409, 420, 467, 468, 471, 120-B r/w. 34 of IPC and under sections 3, 4 and 5 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

3.

The learned counsel for the applicant points out that this Court vide order dated 18.10.2024 in Bail Application No. 1273/2024 has granted bail to other co-accused - Anil Chandulal Kothari. The present applicant is arrested on 26.1.2024 i.e. on the same date when Anil Kothari, co-accused was arrested. Anil Kothari and the applicant were the directors of the bank and allegations against both are identical. It is further submitted that the role of the applicant is similar to that of Anil Kothari. The learned counsel for the applicant seeks bail on the ground of parity. 4.

The learned APP has not been able to controvert the factual assertion

made by the learned counsel for the applicant that the role of the applicant in the instant case is similar to the other accused - Anil Kothari, who has been granted bail by this Court.

5.

In view of the above and the order dated 18.10.2024 passed by this Court in Bail Application No. 1273/2024, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No. 121/2022 dated 17.2.2022 registered with Kotwali Police Station, District Ahmednagar for the offences punishable under sections 409, 420, 467, 468, 471, 120-B r/w. 34 of IPC and under sections 3, 4 and 5 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, on furnishing PB and SB of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court.

b] The applicant should not interfere with the business of the liquidator.

c] He should not leave the place of his residence without the leave of the Court.

d] He should surrender his passport with the Court, if any. e] He should not contact the other office bearers, Chairman, Directors and any of the bank officials, till the trial is concluded, unless he is entitled to.

f] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

g] The applicant shall not tamper with the evidence of the

prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

h] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 6.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/