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Bombay High CourtABA/2364/2025allowed

Shivaji Baburao Jadhav v. The State Of Maharashtra

2025-10-09Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2364 OF 2025

1. Shivaji Baburao Jadhav

2. Namdev Sadashiv Mane

3. Ravindra Keshav Patil

4. Ravindra Jaywant Chougule

5. Ashok Yashwant Kambale

6. Ujjwala Aakaram Mane

7. Uttam Jagannath Gurav ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Kedar Patil a/w Mr. Shubham Patil and Ms. Vaishnavi S. Swami advocate for the applicants.

Ms. Veera Shinde APP for the Respondent - State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

9th OCTOBER, 2025 P.C.

1.

Applicants are apprehending arrest in Crime No.163 of 2025 registered with Panhala Police Station, Dist. Kolhapur for the offences punishable under Sections 406, 409, 420 r/w Section 34 of the Indian Penal Code and Section 81(5B) of the Maharashtra Cooperative Societies Act, 1960.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.10.10 20:22:48 +0530 SAJAKALI LIYAKAT JAMADAR

2.

It is prosecution's case that the applicants are the Directors of Indira Sahakari Dudh Vyavasayik Sanstha Maryadit, Majgaon, Taluka Panhala. While they were Directors, the applicants and coaccused individually misappropriated the amount of Rs.49,649/-. 3.

It is contention of learned counsel for applicants that the applicants have deposited misappropriated amount as alleged by the prosecution. Hence, custodial interrogation of the applicants are not required and requested to allow the application. 4.

It is contention of learned APP that the applicants and coaccused have misappropriated the amount of Sahakari Dudh Vyavasayik Sanstha Maryadit, Majgaon, Taluka Panhala. Though they have deposited the amount, their custodial interrogation is required. Hence, requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents placed on record. The applicants have individually deposited misappropriated amount of Rs.49,649/-. The applicants have no antecedents. Considering the allegations against the applicants, their custodial interrogation is not required. Hence, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicants be enlarged on bail in Crime No.163 of 2025 registered with Panhala Police Station, Dist. Kolhapur on executing P.R.Bond in the sum of Rs.20,000/- each with one or two sureties in the like amount.

(iii) The applicants shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)