Sharad Dayaram Shinde v. State of Maharashtra and Anr

ORDER 1) The Enquiry Change report No.43/2022 is accepted. 2) The entry of the said shall be taken in Schedule-1 of Public Trust register for the tenure 2022 to 2027."

¶13Perusal of the Change Report which has been annexed to the Anticipatory Bail Application shows that the Reporting Trustee is Dhananjay Ashokrao Hire, whereas the Order which has been passed by the Assistant Charity Commissioner shows that the Reporting Trustee is the Applicant i.e. Mr. Sharad Dayaram Shinde for reporting change for the period of 2022-2027.

¶14Thus, it is very clear that not only the Applicant has annexed forged and fabricated documents to the Anticipatory Bail Application to contend that he is not the Chairman and Member of the Executive Committee of the Trust for the period of 2022-2027 but again created forged and fabricated document purported to be certified copy of Change Report and sent the same to the learned Advocate appearing for the Applicant on WhatsApp. As noted earlier, the same is taken on record and marked "Y" for identification.

¶15Learned Additional Public Prosecutor has pointed out Page 18 statements of various staff members of the three Education Institutions managed by the said Trust stating that all these appointments of teaching/non-teachings staff were made between the period of 2022-2024 and that the Applicant is the Chairman of the said Trust.

¶16This is a case where, prima facie, about 32 teaching/non-teaching staff have been appointed from the period of 2022-2024 and most of them have been shown to be appointed from the years 2011-2012 and by making such false claim, the salaries of these teachers/non-teaching staff have been claimed from the years 2011-2012 and in such manner aggregate salaries paid to these teachers/non-teaching staff are to the extent of Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh Twenty-Two Thousand One Hundred Three Only). The said arrears of salaries have been paid by the State Government.

¶17It is significant to note that during investigation the statements of various staff members of these three Schools were recorded which shows that the Applicant has taken several blank cheques from these teaching/non-teaching staff and on the basis of Page 19 such blank cheques various huge amounts have been credited to the accounts of his relatives.

¶18It is further significant to note that during investigation 'Inward/Outward' register maintained by the Deputy Director has been seized and the same is in the Police Station. During investigation, it transpired that the Applicant had visited the Police Station and with the active cooperation of Mr. Ashok Giri, Senior Police Inspector of Nashik Road Police Station has made changes in the said registers by inserting some entries to show that Shalarth Orders are of the year 2021 and were received by the said Trust. The relevant screenshots of the CCTV footage show that said Ashok Giri, who was at the relevant time Senior Police Inspector and now who has been made an accused ensured that the said register was taken to the ante-chamber. Thereafter, the Applicant went to the ante-chamber on 4th June 2025 at 15.56.55 and he was in the ante-chamber till 16.46.07 i.e. for more than about 50 minutes.

¶19The relevant screenshots of CCTV footage as produced by the learned Additional PP are scanned and reproduced herein below for ready reference: Page 20 Page 21 Page 22 Page 23

¶20Although it is the contention of learned Senior Counsel that the Applicant went to the Police Station for making enquiry as there were press reports regarding filing of the police complaints against the Trust, however, he could not explain why the Applicant went to the ante-chamber, why the said register was taken to the ante-chamber and why the Applicant was in the ante-chamber for almost about 51 minutes.

¶21Learned Additional PP has also produced said original Inward/Outward Register showing the new entries made and also pointed out the statement of Sandeep Shamsundar Pawar, Police Hawaldar, stating that these entries were written in the said register in the ante-chamber.

¶22Thus, this is a very serious case where the teachers who have been appointed in illegal manner in the years 2022-2024, have been shown to be appointed from the years 2011-2012 and their salaries have been claimed from the years 2011-2012 and huge amount of Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh Twenty-Two Thousand One Hundred Three Only) has been paid to these teachers/non-teaching staff by the State Government. Huge Page 24 amount out of the said salaries received by these teachers/non-teaching staff have been transferred to the account of various relatives of the Applicant, by using the blank cheques which these teachers/non-teaching staff have given to the Applicant. Forged and fabricated documents are annexed to the Anticipatory Bail Application. Forged and fabricated document showing to be the certified copy of the Change Report is created and sent today by WhatsApp to the learned Advocate on record of the Applicant and the same is purported to be a certified copy of the Change Report. However, the same is forged and fabricated can be seen from the Order which has been passed by the Assistant Charity Commissioner as in the said Order the Applicant is the Reporting Trustee, whereas the Change Report on which the Applicant has relied (Pages 54-55 and Page 58 of Anticipatory Bail Application) and Exhibit-Y shows that the Reporting Trustee is said Dhananjay Ashokrao Hire. Thus, it is clear that the Applicant is relying on forged and fabricated document.

¶23The Supreme Court in the decision of State Rep. by the C.B.I. v. Anil Sharma 1, has held that the custodial interrogation is

(1997) 7 SCC 187 Page 25 qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code of Criminal Procedure, 1973 i.e. Section 482 of BNSS. The effective interrogation of suspected person is of tremendous advantage in disinterring many useful information and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre-arrest bail during the time he interrogated. The said observations of the Supreme Court are squarely applicable to the present case. Thus, for effective interrogation of Applicant in this serious case, custodial interrogation is necessary.

¶24It is settled legal position that grant of anticipatory bail is very extraordinary remedy. The said power is not to be used in regular course.

¶25Accordingly, the Anticipatory Bail Application is dismissed. The ad-interim protection granted to the Applicant stands vacated forthwith.

¶26Ms. Deshmukh, learned Additional PP, states that, by looking Page 26 to the magnitude of the crime and as more than such 1,000 teaching/non-teaching staffs have been appointed in many Educational Institutions in the State of Maharashtra during the period of 2022-2024 by making show of their appointments from earlier period of about more than 10 years and as there are number of Accused are involved, the Director General of Police, Maharashtra State has issued detail instructions for thorough and comprehensive investigation.

¶27Thus, in the facts and circumstances, no case is made out for grant of anticipatory bail.

¶28The Anticipatory Bail Application is rejected.

¶29It is clarified that the observations made in this Order are only prima facie observations made for the purpose of deciding the Anticipatory Bail Application. The Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order. [MADHAV J. JAMDAR, J.] Page 27

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.168 OF 2026 Sharad Dayaram Shinde …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Sanjeev Kadam, Senior Advocate a/w Onkar A. Wable, for the Applicant. Ms. M. M. Deshmukh, Additional Public Prosecutor, for the Respondent-State of Maharashtra. ACP Sandeep Mitke, Crime Branch, Nashik City, present. PI Nikam, DGP Office, present. CORAM: MADHAV J. JAMDAR, J. DATED: 29 SEPTEMBER 2026 PC:- 1. Heard Mr. Sanjeev Kadam, learned Senior Counsel for the Applicant and Ms. Deshmukh, learned Additional PP, for the Respondent-State of Maharashtra. 2. By this Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with CR No.164 of 2025 registered with Nashik Road Police Station, Nashik City, for the offences punishable under Sections 3(5), 340(2), 338, 336(3), 318(4) and 316(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). Page 1 ARJUN VITTHAL KUDHEKAR Date: 2026.09.30 23:17:53 +0530 3. It is the submission of Mr. Kadam, learned Senior Counsel that the Applicant was the Chairman of "Kai. Dayaram Piraji Shinde Bahuuddeshiya Sanstha, Lon Khurd, Taluka Amalner, District Jalgaon" for the period of 2017-2022 and thereafter a Change Report has been filed for the period of 2022-2027, wherein one Dhananjay Ashokrao Hire has been appointed as the Chairman and the Applicant is not concerned with the said period. To substantiate the said contention, reliance is placed on the Change Report submitted under the provisions of the Maharashtra Public Trusts Act, 1950 with the Office of the Charity Commissioner (Pages 54-55 of Anticipatory Bail Application). It is submitted that the period during which the offence took place is 2022-2024 and, therefore, the Applicant is not involved in the offence. To substantiate the said contention, apart from the Change Report (Pages 54-55) a Consent Letter which was filed by the new Chairman and the body of the Trustees annexed at Page 57 is also relied. It is submitted that in the FIR the names of various Educational Institutions are set out (Page 29), however, the names of the Educational Institutions with which the Applicant was concerned between the period of 2017-2022 is not mentioned and, therefore, the Applicant is not involved in the crime. Insofar as the Page 2 prosecution case that the Applicant was seen in a CCTV footage which is the recording of the CCTV installed at Police Station, it is submitted by learned Senior Counsel that as there were press reports stating that the FIR has been lodged against the Trust, to verify the position the Applicant had visited the Police Station. 4. Ms. Deshmukh, learned Additional SPP, submits that the FIR has been lodged on the basis of the statement of Mr. Bhausaheb Bhikanrao Chavan, Deputy Director of Education. Learned Additional PP submitted that the subject F.I.R. i.e. C.R. No.164 of 2025 is concerning appointments of about 96 teaching/non- teaching staff in various Schools/Educational Institutions which are in the jurisdiction of Nashik Division. There are about 125 Accused. Learned Additional PP submits that, in fact, during investigation the role of the First Informant who is the Deputy Director of Education is also seen. She submitted that the Applicant is involved in appointment of 32 teaching/non-teaching staff in his capacity as the Chairman of "Kai. Dayaram Piraji Shinde Bahuuddeshiya Sanstha, Lon Khurd, Taluka Amalner, District Jalgaon". Learned Additional PP submits that the appointments of these 32 teaching/non-teaching staff have been made between the Page 3 period of 2022-2024, however, in most of the cases, the appointments were shown to be made from 2011-2012 and an amount of Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh Twenty-Two Thousand One Hundred Three Only) has been received by these teachers/non-teaching staff