Rajendra Pandurang Bhandare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1612 OF 2025 Mr. Rajendra Pandurang Bhandare ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Yash Badkur a/w Mr. Vinayak Tiwari, learned Advocate for the Applicant.

Dr. Ashwini A. Takalkar, learned A.P.P. for the State/Respondent. Dy.SP Mr. S. S. Phand attached to EOW, CID, Pune is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

27th JUNE 2025.

P.C. :

1.

Heard Mr. Yash Badkur, learned Advocate for the Applicant and Dr. Ashwini Takalkar, learned A.P.P. for the State/Respondent. 2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 243 of 2016 registered with Deccan Police Station, Pune for the offences punishable under Sections 409 and 420 read with 34 of the Indian Penal Code Act, 1860 ("IPC" for short) and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

3.

The aforesaid crime was registered on 29th September 2016. Investigation is over and the charge-sheet has already been filed. There are 27 Accused in the present crime. Accused Nos. 1, 3, 4, 6, 7 and 12 in the said crime have been released on bail by this Court.

Orders releasing the said Accused persons on bail are at page nos. 236 to 284 of the paper-book of the present Bail Application. 4.

Applicant (Accused No. 19) was arrested on 27th January 2021 and since then he is in jail in connection with the present crime.

5.

Mr. Yash Badkur, learned Advocate for the Applicant states that Crime No. 243 of 2016 is registered as Special (MPID) Case No. 9 of 2018 and is pending before the Court of Additional Sessions Judge, Pune. Criminal Bail Application at Exhibit-174 filed by the Applicant in the said case was rejected by the Additional Sessions Judge, Pune by order dated 13th January 2025. 6.

Mr. Yash Badkur, learned Advocate states that the allegations and the involvement of Applicant in the present crime is similar and identical to the role assigned to Accused Nos. 1, 3, 4, 6, 7 and 12 in the said crime. He submits that this Court upon considering the allegations/involvement of the said Accused persons, has released them on bail. He submits that the Applicant is therefore seeking bail on the ground of parity.

7.

Dr. Ashwini Takalkar, learned A.P.P. for the State/Respondent submits that the Applicant is the Director, as are Accused Nos. 1, 6, 7 and 12. She submits that the role assigned to the Applicant and the said Accused Nos. 1, 3, 4, 6, 7 and 12, are similar and identical. She submits that the only difference as far as the Applicant herein is concerned is that till his arrest on 27th January 2021, the Applicant was absconding. She submits that the case of Applicant can be considered on the ground of parity in view of the orders

passed by this Court.

8.

I have perused the records and the orders passed by this Court releasing the co-accused (Accused Nos. 1, 3, 4, 6, 7 and 12) on bail with the assistance of learned Advocates of the parties. 9.

Perusal of the charge-sheet reveals the role assigned to the Applicant herein to be similar and identical to the role as is assigned to the co-accused (Accused Nos. 1, 3, 4, 6, 7 and 12). This Court upon considering the said case, has released those Accused persons on bail. Orders of their release on bail are at page nos. 236 to 284 of the paper-book. Applicant is similarly and identically placed like the said co-accused, who are released on bail, as such the Applicant is entitled to bail on the ground of parity.

10.

In view of the above, the present Bail Application is allowed on the following conditions :- a.

Applicant is directed to be released on bail in connection with Crime No. 243 of 2016 registered with Deccan Police Station, Pune for the offences punishable under Sections 409 and 420 read with 34 of the Indian Penal Code Act, 1860 ("IPC" for short) and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 on executing P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Pune.

b.

Applicant shall attend the Investigating Officer of Deccan Police Station, Pune once in a month, on every first Monday of the month, between 11.00 a.m. and 1.00 p.m.

c.

Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. Applicant shall not tamper with the evidence. d.

On being released on bail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

e.

Applicant shall surrender his passport, if any, with the Special Court and shall not leave India without prior permission of the Special Court trying MPID Cases. f.

Applicant shall not leave the jurisdiction of Nashik or Pune District till the trial is concluded without prior permission of the learned Trial Court.

11.

Criminal Bail Application No. 1612 of 2025 stands disposed of in the abovesaid terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.06.30 19:59:01 +0530 GITALAXMI KRISHNA KOTAWADEKAR