Vijay Ramchandra Dhumal And ORS v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2692 OF 2025
1. Vijay Ramchandra Dhumal
2. Namdeo Vitthal Kondhalkar
3. Shivaji Shamrao Khopade
4. Vijay Shripati Dhumal
5. Sambhaji Shamrao Khopade
6. Pandharinath Ramchandra Dhumal ...Applicants
Versus
State of Maharashtra (Through Bhor Police Station, Pune Rural.
...Respondent
Mr. Satyam Harshad Nimbalkar a/w Harshwardhan Milind Pawar and Mr. Yash Saxena, for Applicants.
Ms. S.M. Yadav, APP for the State.
Mr. Sunny Punamiya i/by Mr. Dilip Shukla, for Intervenor. PI, Tasgaonkar, EOW, - Pune Rural present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
10th October 2025 P.C.:
1.
Heard Mr. Nimbalkar, learned Counsel appearing for the Applicants, Ms. Yadav, learned APP for the State and Mr. Punamiya, learned Counsel appearing for the Intervenor-First Informant.
2.
By this application filed under Section 438 of the Code of Criminal Procedure, 1973, the Applicants are seeking pre-arrest bail in connection with C.R. No.107 of 2025 registered with Bhor Police Station, Pune Rural, for the offences punishable under Sections 406, 408, 420, 468, 471 read with Section 34 of the Indian Penal Code, 1860 ("IPC") and under Sections 3 and 4 of Maharashtra Protection of Interest of Depositors Act, 1999 ("MPID Act"). There are total 112 Accused. The Applicants are Accused Nos. 29, 36, 48, 37, 35 and 26.
3.
The First Informant is Special Auditor of Class-2 of the Cooperative Societies, Pune. As per the prosecution case, the informant/complainant Jaysing Sakharam Gaikwad working as an Auditor in Co-operative Department, Pune was appointed by the Co- operative Department for the purpose of auditing the accounts of Nere Vibhag Nagari Sahakari Pat Sanstha Maryadit, Bhor. After conducting the audit of the said account the informant filed report to the concerned department on 01/04/2025 wherein it was found that there were discrepancies, misappropriation of funds and fraud committed during the disbursement of loan to the members of said Nere Vibhag Nagari Sahakari Pat Sanstha Maryadit, Bhor from
25/06/2010 to 31/03/2024. Accordingly he lodged complaint and FIR came to be registered vide crime No.107/2025 against applicants and other about 112 accused. It is the main allegation against the Applicants that they have taken loan from Nere Vibhagh Nagari Sahakari Pat Sanstha Maryadit, Bhor, District-Pune and has not repaid the same.
4.
Mr. Nimbalkar, learned Counsel appearing for the Applicant submitted that the Applicant took loan and could not repay the same. He submits that the adequate security is given to secure the repayment of the loan amount. He submits that the dispute is of civil nature and in any case the Applicants are not involved in the crime.
5.
On the other hand, Ms. Yadav, learned APP and Mr. Punamiya, learned Counsel appearing for the First Informant strongly opposes the Application. Both of them submit that the offence is very serious and since beginning the intention was to take loan and not to repay the same. Both of them submit that the intention since inception was to misappropriate the public money. Thus both of them submitted that the offence is very serious and therefore the custodial interrogation is necessary.
6.
Ms. Yadav, learned APP has submitted details with respect to the Applicants in tabular format, which is set out herein below:-
7.
Mr. Nimbalkar, learned Counsel for the Applicants has also submitted details with respect to each of the Applicants. The same is reproduced hereinbelow :
"1. PANDHARINATH RAMCHANDRA DHUMAL, Age: 64 years, Add: At. Pasure, Tal. Bhor, Dist. Pune. LOAN AVAILED DATE: 28/08/2010.
LOAN AMOUNT: Rs. 4,99,957/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 15,09,950/- AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN: Rs. 3,50,000/- (According to Mr. Pandharinath Ramchandra Dhumal - BUT NO DOCUMENTARY EVIDENCE AVAILABLE) PROPERTY MORTGAGED: NONE CHARGE ON PROPERTY: Gat no. 286/A, Area admeasuring about 04 Acre 20 Gunthas
2. VIJAY SHRIPATI DHUMAL, Age: 71 years, Add: At. Pasure, Tal. Bhor, Dist. Pune.
LOAN AVAILED DATE: 06/08/2014.
LOAN AMOUNT: Rs. 6,50,000/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 19,81,490/- AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN: Rs. 3,10,000/- (According to Mr. Vijay Shripati Dhumal - RECEIPTS AVAILABLE) PROPERTY MORTGAGED: Gat no. 297, Area admeasuring about 03 Acre 00 Gunthas CHARGE ON PROPERTY: Gat no. 297, Area admeasuring about 03 Acre 00 Gunthas
3. VIJAY RAMCHANDRA DHUMAL, Age: 42 years, Add: At. Pasure, Tal. Bhor, Dist. Pune.
LOAN AVAILED DATE: 05/05/2012.
LOAN AMOUNT: Rs. 5,00,000/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 17,99,978/-
AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN: Rs. 6,91,200/- (According to Mr. Vijay Ramchandra Dhumal - STATEMENT AVAILABLE) PROPERTY MORTGAGED: a) Gat no. 244, Area admeasuring about 01H 30.1R, b) Gat no. 317, Area admeasuring about 00H 18R (UNDIVIDED SHARE) CHARGE ON PROPERTY: Gat no. 10, Gat no. 256, Gat no. 282, Gat no. 292, Gat no. 294, Gat no. 31, Gat no. 310, Gat no. 317, Gat no. 329, Gat no. 349, Gat no. 351, Gat no. 372, Gat no. 422, Gat no. 09.
4. SHIVAJI SHAMRAO KHOPADE, Age: 55 years, Add: At. Ambade, Tal. Bhor, Dist. Pune.
LOAN AVAILED DATE: 2010.
LOAN AMOUNT: Rs. 10,00,000/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 24,00,250/- AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN: Rs. 15,92,174/- (According to Mr. Shivaji Shamrao Khopade - STATEMENT AVAILABLE) PROPERTY MORTGAGED: Gat no. 103, Gat no. 1078, Gat no. 1081, Gat no. 1154, Gat no. 143, Gat no. 145, Gat no. 2, Gat no. 323, Gat no. 594, Gat no. 805, Gat no. 870, Gat no.
871. CHARGE ON PROPERTY: Gat no. 103, Gat no. 1078, Gat no. 1081, Gat no. 1154, Gat no. 143, Gat no. 145, Gat no. 2, Gat no. 323, Gat no. 594, Gat no. 805, Gat no. 870, Gat no. 871.
5. SAMBHAJI SHAMRAO KHOPADE, Age: 48 years, Add: At. Ambade, Tal. Bhor, Dist. Pune.
LOAN AVAILED DATE: 24/10/2013.
LOAN AMOUNT: Rs. 08,00,000/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 27,24,930/- AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN:
NONE PROPERTY MORTGAGED: NONE
CHARGE ON PROPERTY: Gat no. 103, Gat no. 1078, Gat no. 1081, Gat no. 1154, Gat no. 143, Gat no. 145, Gat no. 2, Gat no. 323, Gat no. 594, Gat no. 805, Gat no. 870, Gat no. 871.
6. NAMDEO VITTHAL KONDHALKAR, Age: 49 years, Add:
At. Panvhal, Tal. Bhor, Dist. Pune.
LOAN AVAILED DATE: 26/05/2012.
LOAN AMOUNT: Rs. 05,00,000/- OUTSTANDING AMOUNT ACCORDING TO PATSANSTHA:
Rs. 19,49,928/- AMOUNT PAID TILL DATE FOR REPAYMENT OF LOAN: Rs. 04,50,000/- (According to Mr. Namdeo Vitthal Kondhalkar - RECEIPTS OF Rs. 3,00,000/- AVAILABLE & Rs. 1,50,000 IN CASH BUT NO DOCUMENTARY EVIDENCE AVAILABLE) PROPERTY MORTGAGED: NONE CHARGE ON PROPERTY: Gat no. 77/2, Area admeasuring about 00H 10.90R.
8.
Perusal of the above information submitted by Ms. Yadav, learned APP and Mr. Nimbalkar, learned Counsel appearing for the Applicants clearly shows that when the loan was taken, various lands were mortgaged with the Bank with respect to at least 4 Applicant. Perusal of record further shows that all these loans were taken from the year 2010 to 2014 and there were certain repayments. However, it is true that all these Applicants have not repaid substantial part of the loan and there is default. In case of 2 Applicants, who have not mortgaged any land when the loan was sanctioned, Charge has been created with respect to certain agricultural lands.
9.
In this particular case, the Applicants have availed loan in the year 2010 to 2014. Except two Accused, all the Accused have mortgaged their agricultural lands with the Bank while availing the loan. The mortgage of respective agricultural lands by respective Applicants is by registered mortgage deeds. It is also relevant to note that most of the Applicants for initial few years have repaid certain part of loan, although not very regularly and thereafter there is default. Perusal of the record further shows that in view of all these mortgage deeds, charge is also created on various agricultural lands. As far as two Applicants, who have not mortgaged the lands, when the loan was availed, in their case also, it is seen that initially payment was made although, not regularly and thereafter there is huge default.
However, in their case also, presently on certain agricultural lands belonging to them, charge for the due amounts is created. Thus, prima facie with respect of all these Applicants, it cannot be said that since inception, there was criminal intention. As far as criminal breach of trust is concerned, some repayment was made for initial few years as also properties were also mortgaged since beginning as regards four Applicants are concerned and as far as two Applicants, charge has been created subsequently.
there is substance in the contention raised by the learned Counsel appearing for the Applicants that the Applicants are not involved in the crime and in any case, the custodial interrogation is not necessary.
10.
In any case, the custodial interrogation is not necessary. Accordingly, the Applicants are entitled to pre-arrest bail. Hence, following Order is passed:
O R D E R
(i) In the event of arrest, the Applicants - (i) Vijay Ramchandra Dhumal, (ii) Namdeo Vitthal Kondhalkar, (iii) Shivaji Shamrao Khopade, (iv) Vijay Shripati Dhumal, (v) Sambhaji Shamrao Khopade, and (vi) Pandharinath Ramchandra Dhumal, be released on bail in connection with C.R. No.107 of 2025 registered with Bhor Police Station, Pune Rural, on executing P.R. bonds of Rs.10,000/- each and furnishing one or two sureties in the like amount.
(ii) The Applicants shall attend the concerned Police Station as and when called till filing of the Chargesheet. (iii) The Applicants shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(iv) The Applicants 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 such a person from disclosing the facts to the Court or to any Police personnel.
(v) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.
11.
The Anticipatory Bail Application is allowed and disposed of accordingly.
BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.10.16 21:09:52 +0530