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Bombay High CourtBA/896/2025allowed

Tabasum Tayyab Motlani v. State Of Maharashtra

2026-01-28Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION 20 CRIMINAL BAIL APPLN. NO. 896 OF 2025 Tabasum Tayyab Motlani ...Applicant Vs.

State Of Maharashtra ...Respondent Ms. Falguni Brahmabhatt a/w Mr. Abdul Kader for the applicant Mr. S. H. Yadav, APP for the respondent-State Mr. Uday Karade, HC, Ichalkaranji Police Station

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

28th JANUARY 2026.

P.C.

1.

By this application, applicant is seeking regular bail in C.R. No. 382 of 2024 registered with Ichalkaranji Police Station, District IRESH MASHAL Kolhapur for offences punishable under Sections 420, 407, 409, 465, Digitally signed by IRESH MASHAL Date:

2026.01.28 19:07:02 +0530 467, 468, 471, 201 read with 34 of the Indian Penal Code. 2.

Prosecution case in short is, complainant Trupti Kolekar, Assistant Manager, Maharashtra State Warehousing Corporation, was given the additional charge as the Divisional Head of the Kolhapur Division from October 17, 2023. She inspected the documents during an investigation and found significant serious discrepancies and differences in the grain stock. Therefore, she constituted an inspection team, and upon conducting a physical verification of the stock at the Ichalkaranji Warehouse Center on March 21, 2024, she

found a major discrepancy in the grain stock at the warehouse. Thereafter, an inspection report was submitted to her. According to that report, it was found that a total grain stock of 4,739 bags, valued at Rs. 10,42,18,000/-, registered under 165 warehouse receipts in the names of 17 depositors, was not there in the warehouse. Therefore, it appeared that the applicant and other co-accused prepared forged receipts and obtained a loan of Rs. 1,47,70,000/- from the Sangli Urban Bank, Islampur Branch, against 36 warehouse receipts for nonexistent stock, and recorded this encumbrance in the Corporation's SAP system. Consequently, the complainant filed her complaint as per the report.

3.

Heard learned advocate for the applicant, learned APP instructed by the concerned officer from the concerned police station. 4.

The applicant is arrested on 11th September 2024. Chargesheet in the present crime is filed on 5th December 2024 and the case is numbered as R.C.C. No. 521 of 2024. Prosecution has cited 37 witnesses in the charge-sheet. Till date, even charge is not framed. The trial is therefore, not likely to take place in the near future. 5.

Considering the gender of the applicant and the period of incarceration she has undergone and the fact that the co-accused are released on bail, the applicant is entitled to bail also on the ground of parity.

6.

In the result, the application is allowed.

7.

The applicant Tabasum Tayyab Motlani be released on bail in connection with C.R. No. 382 of 2024 registered with Ichalkaranji Police Station, District Kolhapur for offences punishable under Sections 420, 407, 409, 465, 467, 468, 471, 201 read with 34 of the Indian Penal Code on executing P.R. Bond in the sum of Rs. 25,000/- with one surety in the like amount.

8.

The applicant shall not tamper with prosecution evidence. (NITIN B. SURYAWANSHI, J.)