Vasant Vishwanath Moharlikar v. The State Of Maharashtra, Thr. Pso, Ps, Awadhootwadi, Yavatmal, Tq. And Dist. Yavatmal
2025:BHC-NAG:10464 1 / 4 33- 874-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(BA) NO. 874 OF 2025 Vasant Vishwanath Moharlikar Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr.Firdos Mirza, Senior Adv. a/b Mr. Yuvraj K.Dhande, counsel for the applicant.
Mr.Vinod Thakare, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 07/10/2025 1) Heard.
2) By this application, the applicant has prayed for regular bail in Crime bearing No.922 of 2024 registered with Police Station Awadhutwadi, district Yavatmal for the offence punishable under Sections 420, 406, 409, 417, 418, 421, 424, 467, 468, 471, 477-A, 120-B of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in financial Establishments) Act, 1999 (for short MPID Act).
3) The allegations made against this applicant are that the applicant is Assistant General Manager and Credit
2 / 4 33- 874-25 Appraiser of Babaji Date Mahila Sahakari Bank Ltd.Yavatmal. The applicant was working with the bank since 21.08.2014 to 21.08.2016, again from August 2017 and is still continued. The applicant is also legal advisor. During investigation, the investigating agency collected various loan proposals and more particularly, 51 loan proposals were shown in audit report showing the involvement of present applicant which were sanctioned without verification. The learned counsel appearing for the applicant has stated that the applicant is legal advisor. He is accused No.3. The allegations against this applicant are that he has not performed his duties properly. It is further argued that the offences, which are registered against this applicant are triable by Judicial Magistrate First Class.
The punishment for MPID Act is also 6 years. The only allegation against this applicant is about not verifying the documents properly. There are no allegations that the amount was transferred in his account or he has forged any document. Nothing is seized from this applicant. Out of 12 accused persons, 10 accused are released on bail. The custodial interrogation of this applicant is not required. One of the accused, accused no.1 who is CEO, is protected by this Court. The ground of parity is available, hence prayed to release the applicant on bail.
3 / 4 33- 874-25 4) The learned APP has opposed the application and stated that the applicant was on duty and he has signed the loan papers of 51 persons. There is misappropriation in the said loan transaction. He was on duty from the year 2014 to 2016 and thereafter, from August 2017 till date. The serious allegations are there. Offence under the provisions of MPID Act is registered against this applicant. The investigation is going on. Custodial interrogation of this applicant is necessary. Hence, prayed to reject the application. 5) Heard both the sides.
6) The applicant is the legal advisor in the said cooperative Society. On perusal of the charge-sheet it appears that the main allegation against this applicant is about not properly performed his duty. Some of loan accounts bears the signature of this applicant however, there are signatures of other officials. As other co-accused are already released on bail, the ground of parity is available to this applicant, there is no recovery from this applicant. Hence this is a fit case to release the applicant on bail. 7) Accordingly, I pass the following order:
i) Criminal application is allowed.
4 / 4 33- 874-25 ii) Applicant- Vasant Vishwanath Moharlikar be released on bail in Crime bearing No.922 of 2024 registered with Police Station Awadhutwadi, district Yavatmal for the offence punishable under Sections 420, 406, 409, 417, 418, 421, 424, 467, 468, 471, 477-A, 120-B of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in financial Establishments) Act, 1999 on his furnishing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.
iii] The applicant shall not in any way tamper with the prosecution evidence.
iv] The applicant shall not pressurize or threaten the prosecution witnesses.
v] The applicant shall co-operate the investigation officer.
The Criminal Application stands disposed of accordingly.
JUDGE