Mahesh Laxman Shinde v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4004 OF 2024 Manoj Chandrakant Durgawade ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.5022 OF 2024 IN BAIL APPLICATION NO. 4004 OF 2024 Ramesh Shivaji Salunkhe ...Intervenor
IN THE MATTER BETWEEN
Manoj Chandrakant Durgawade ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH BAIL APPLICATION NO. 4026 OF 2024 Satish Chandrakant Bedake ...Applicant
Versus
The Sate of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.4833 OF 2024 IN BAIL APPLICATION NO. 4026 OF 2024 Ramesh Shivaji Salunkhe ...Intervenor
IN THE MATTER BETWEEN
Satish Chandrakant Bedake ...Applicant
Versus
The Sate of Maharashtra
...Respondent
AND BAIL APPLICATION NO. 1079 OF 2025 Mahesh Laxman Shinde ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Amit Icham, Advocate for the Applicant in BA 4004/2024. Mr. Aditya Raktade a/w Adv. Aarti Shah, Advocate for the Applicant in BA 4026/2024.
Mr. Deepak Thakre a/w Mr. Gopal Parab, Advocate for the application in BA 1079/2025.
Ms. Anamika Malhotra, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 07th MAY, 2025.
P.C.
:
1.
All these applications are arising out of the one and the same crime and thus they are being disposed by this common order.
2.
The applicants came to be arrested in Crime No.585 of 2024 registered at Karad City Police Station, District : Satara, for the offences punishable under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 of the Indian Penal Code (for short 'IPC') and Sections 3, 4 of the Maharashtra Protection of Interest of Depositors Act, 1999
(for short 'MPID' Act).
3.
FIR is lodged by Dhanajay Chandrakant Gade, Special Auditor Co-operative Society.
4.
In 2022, aggrieved depositors of Shivshankar Nagari Sahkari Patsanstha Maryadit filed a complaint before the District Deputy Register Co-operative Society, Satara seeking refund of their respective deposit amounts from the said Patsansth. Thereafter, as per the order of District Deputy Register Co-operative Society, Satara, the first informant conducted an audit of the said Patsanstha for the financial years 01.04.2021 to 31.03.2023. During the said audit he found that the present applicants, who were directors of the said Patsanstha and other co-accused sanctioned loan proposals without the appropriate documents of surety as well as prepared forged documents of surety. There are instances where loans were disbursed without any surety whatsoever. It was found that during the period from 2011 to 2022, the applicants and other co-accused in connivance with each other had disbursed the loan amounts on the basis of the said false and fabricated documents and misappropriated a total amount of Rs.13,09,96,722/- 5.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
6.
The learned counsel for the applicants submits that the applicants came to be implicated in the crime in question
just because they were directors of the Patsanstha in question. It is submitted that the applicants are not the beneficiary of the alleged misappropriated amount. It is submitted that the applicants are in jail for six months to one year and there are no other criminal antecedents.
7.
On the other hand, the learned A.P.P. for the Respondent-State submits that the applicants were signatory to resolution by which the loan were sanctioned. It is submitted that considering the nature of crime, the applicants may not be released on bail.
8.
The learned A.P.P. has, however, not disputed the fact that the applicants did not receive any amount out of the alleged misappropriated amount. The applicants are in jail from six months to one year and there are no other criminal antecedents against them. Considering the said facts, I am inclined to release the applicants on bail.
ORDER
(i) Criminal Bail Applications are allowed;
(ii) The applicants are directed to be released on bail in connection with Crime No.585 of 2024 registered at Karad City Police Station, District : Satara, for the offences punishable under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 of the Indian Penal Code (for short 'IPC') and Sections 3, 4 of the Maharashtra Protection of Interest of Depositors Act,
1999 (for short 'MPID' Act) on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
(iii) The applicants shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.
(v) The interim applications for intervention also stand disposed of.
(N. R. BORKAR, J.)