Sunil Shamrao Dhumal and Ors v. The State of Maharashtra

ORDER

(i) In case of arrest in connection with C.R. No. 20 of 2023, the Applicants be released on bail on furnishing the Personal Bond and Surety bond in the sum of Rs. 25,000/- each.

(ii) Applicants are directed to give attendance to the Wathar Police Station on every Saturday from 10.00 a.m. to 12.00 noon until further orders.

¶8Matters be kept on 21" March, 2023.

¶9The prosecution to place on record a report by a statutory auditor who is at present in-charge about the compliance as submitted on behalf of the Applicants on the basis of the note annexed at page no. 318."

¶7On 28th February, 2023, the following order was passed in Anticipatory Bail Application No.614 of 2023:- "1. Heard learned Advocate Shri Sanjeev Kadam for the Applicant.

¶2He apprehends his arrest in connection with an offence bearing C.R. No. 20 of 2023 registered at Vathar Station Police Station for the offence punishable under Sections 406, 409, 420, 467, 468, 468, 471 read with 34 of the Indian Penal Code and Section 146 of the Maharashtra Co-operative Societies Act. The F.I.R. is lodged against in all 21 persons and out of them some are the Directors and employees of Adarsh Gramin Bigarsheti Sahkari Patsanstha Limited. The F.I.R. is lodged on the basis of audit conducted by the Statutory auditor and he found several irregularities. There was misappropriation amounting to Rs. 17,80,19,649/-. Out of them, some of money is brought back in the accounts of the Patsanstha.

¶3There were two expert Directors and one of them is present Applicant. He is having limited role to play and that is to advice the Society when it is called. He is not supposed to participate in the management of the Society. However while lodging the FI.R. his name is also included. His Anticipatory bail application is rejected on the ground that allegations are serious and huge amount is involved. Police are yet investigating the offence and today officer is not present as today is first date.

¶4Accepting the fact that the Respondent is expert director, I am inclined to grant interim protection. Let Investigating agency may point out the materials revealed during the investigation on the next date. Hence following order is passed:- ORDER

(i) In case of arrest the Applicant in connection with C.R. No. 20 of 2023, the Applicant be released on furnishing PR bond and surety bond in the sum of Rs. 25,000/-.

(ii) The Applicant to give attendance to Vathar Station Police Station on every Friday from 10.00 a.m. to 12.00 noon until further orders and co-operate the Police as and when required.

¶5Matter be kept on 21 March, 2023."

¶8On 21st March, 2023, the following order was passed in Anticipatory Bail Application Nos.620, 622, 614 and 770 of 2023:- "ANTICIPATORY BAIL APPLICATION NO. 620 OF 2023 ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 622 OF 2023

¶1Learned Senior Advocate Shri Mundargi is not available, adjournment is sought. Officer is present.

¶2Let matters be kept on 11th April, 2023.

¶3Ad-interim protection granted earlier to continue till next date. ANTICIPATORY BAIL APPLICATION NO. 614 OF 2023

¶4Not on board. Taken on board.

¶5Matter be kept on 11th April, 2023.

¶6Ad-interim protection granted earlier to continue till next date. ANTICIPATORY BAIL APPLICATION NO. 770 OF 2023

¶7Not on board. Taken on board.

¶8Heard learned Advocate Shri Sanjeev Kadam for the Applicant and learned APP Shri H. J. Dedhia for the Respondent-State. The officer is present.

¶9This Court has already granted interim protection to the Applicant-Maruti in Anticipatory Bail Application No. 614 of 2023. He was Expert Director. It is claimed that the role of the Applicant-Sandip is similar to role of Maruti.

¶10In view of that following order is passed:- ORDER

(i) In case of arrest of the Applicant in connection with C.R. No. 20 of 2023, the Applicant be released on furnishing PR bond and surety bond in the sum of Rs. 25,000/-.

(ii) The Applicant to give attendance to Vathar Station Police Station on every Friday from 10.00 a.m. to 12.00 noon until further orders and co-operate the Police as and when required.

¶11Matter be kept on 11th April, 2023."

¶9Mr. Sanjeev Kadam, learned Senior Advocate appearing for the Applicant in Anticipatory Bail Application Nos. 614 and 770 of 2023, submits that the Applicants in these six Applications have appeared before the Investigating Officers and have cooperated with the investigation in Crime No. 0020 of 2023. He further submits that the Applicants in these Applications shall appear before the Investigating Officer as and when required and shall continue to cooperate with the investigation in Crime No. 0020 of 2023.

¶10Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent-State appearing in all these six Applications, on instructions from the Investigating Officer, states that the Applicants have appeared before the Investigating Officer as and when required and have cooperated in the investigation of Crime No. 0020 of 2023. Upon completion of the investigation, the Investigating Officer has prepared a charge-sheet, however, it has not been filed in view of the pendency of these Anticipatory Bail Applications. He, on instructions from the Investigating Officer, submits that upon disposal of these Anticipatory Bail Applications, the Investigating Officer shall file the charge-sheet before the Court having jurisdiction.

¶11Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent-State, on specific instructions from the Investigating Officer in Crime No.0020 of 2023, states that the custodial interrogation of the Applicants in these six Anticipatory Bail Applications is not required in Crime No.0020 of 2023.

¶12Based on the statement made by Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent-State, that the custodial interrogation of the Applicants is not required in Crime No.0020 of 2023, Mr. Sanjeev Kadam, Senior Advocate, learned Advocate for the Applicant in ABA/770/2023 and ABA/614/2023, Mr. Ranjeet H. Patil, learned Advocate for the Applicants in ABA/1388/2023 and ABA/1389/2023 and Mr. Abhijit Kadam, learned Advocate for the Applicants in ABA/620/2023 and ABA/622/2023, submit that these Applications be disposed of by confirming the interim orders passed in these applications.

¶13Mr. Dinesh C. Patankar, learned Advocate for the Intervenor in all the Applications, submits that, in view of the acts of the Applicants, the Adarsh Gramin Bigarsheti Sahkari Patsanstha Limited has suffered substantial loss.

¶14Mr. Alankar Kirpekar, learned Advocate for the Applicant in IA/4954/2024 and IA/4072/2025, submits that they are the borrowers of the Adarsh Gramin Bigarsheti Sahkari Patsanstha Limited and are affected by the functioning of the Patsanstha. He submits that the Applicants in the said Interim Applications have filed proceedings before the Magistrate under the Code of Criminal Procedure. He states that the said proceedings may be considered by the competent Court on its own merits and in accordance with law. The Magistrate to consider all contentions of the Applicant in IA/4954/2024 and IA/4072/2025 on its own merits and in accordance with law.

¶15Considering the statement made by Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent-State, that the investigation in Crime No. 0020 of 2023 is complete and that the custodial interrogation of the Applicants is not required, the interim orders referred to in the chart and in paragraphs 5 to 8 hereinabove are hereby confirmed and made absolute.

¶16Anticipatory Bail Application Nos.1388, 614, 620, 622, 770 and 1389 of 2023 are disposed of.

¶17All pending Interim Applications are disposed of in view of the disposal of the above six Anticipatory Bail Applications. ( ASHWIN D. BHOBE, J.)

11-ABA-1388-2023 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1388 OF 2023 Mahendra Shankar Dhumal And Ors …...Applicants VERSUS The State Of Maharashtra …...Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 614 OF 2023 Maruti @ Balasaheb Narayan Deshmukh …........Applicant VERSUS State Of Maharashtra ….......Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 620 OF 2023 Digital y signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM Nandkumar Laxman Dhumal And Ors. …........Applicants DHUDUM Date: 2026.09.24 +0530 VERSUS The State Of Maharashtra ….......Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 622 OF 2023 Sunil Shamrao Dhumal And Ors …........Applicants VERSUS The State Of Maharashtra ….......Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 770 OF 2023 Sandip Bapurao Mandhare …........Applicant VERSUS State Of Maharashtra ….......Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 1389 OF 2023 Sonali Sampat Chavan And Ors …........Applicants VERSUS. The State Of Maharashtra ….......Respondent _________________________________________________________________ Mr. Ranjeet H. Patil a/w Mr. Dhavalsinh Patil and Ms. Sampada Patil i/b Ms. Saili Dhuru for the Applicants in ABA/1388/2023 and ABA/1389/2023. Mr. Sanjeev Kadam, Senior Advocate (Through V.C.) a/w Ms. Varsha Thorat a/w Mr. Aarya V. Ambulkar and Ms. Vrunali Vilankar i/b Mr. Prashant Raul, for the Applicant in ABA/770/2023 and ABA/614/2023. Mr. Abhijit Kadam (Through V.C.) a/w Mr. Ashish Chavan for the Applicants in ABA/620/2023 and ABA/622/2023. Mr. Dinesh C. Patankar a/w Mr. Ashwin Ranjane, for the Intervenor in all Applications. Mr. Alankar Kirpekar (Through V.C.) i/b Mr. Somnath Kale and Mr. Susmit Pathale, for Applicant in IA/4954/2024 and IA/4072/2025. Mr. Anand Subhash Shalgaonkar, APP, for the Respondent-State in all Applications. PSI, N. M. Bhosale, Wathar Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 23rd SEPTEMBER, 2026. P.C.:- 1. Heard Mr. Sanjeev Kadam, Senior Advocate, learned Advocate for the Applicant in ABA/770/2023 and ABA/614/2023, Mr. Ranjeet H. Patil, learned Advocate for the Applicants in ABA/1388/2023 and ABA/1389/2023, Mr. Abhijit Kadam, learned Advocate for the Applicants in ABA/620/2023 and ABA/622/2023, Mr. Dinesh C. Patankar, learned Advocate for the Intervenor in all the Applications, Mr. Alankar Kirpekar, learned Advocate for the Applicant in IA/4954/2024 and IA/4072/2025 and Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent- State in all the Applications. 2. These six Applications are filed by the Applicants under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in anticipation of arrest in Crime No. 0020 of 2023, dated 16th January 2023, registered with Wathar Police Station, District Satara, for offences punishable under Sections 406, 409, 420, 467, 468, 471 and 146 of the Indian Penal Code, 1860 (for short, "IPC"), and under Section 146 of the Maharashtra Cooperative Societies Act, 1960. 3. Learned Advocates appearing for the Applicants, learned Advocates for the Intervenors, as well as the learned A.P.P. for the Respondent-State, appearing in these six Applications, request that these matters be taken up together and disposed of by a common order. At the request of the learned Advocates for the parties, these Applications are taken up together and disposed of by a common order. 4. Learned Advocates appearing for the Applicants have tendered the Chart indicating the orders by which the Applicants were granted ad interim bail, which orders continue as on date. The dates of the orders and the Application numbers, as furnished by the learned Advocates appearing for the Applicants, are transcribed hereinbelow: Sr. No. Application Nos. Date on which Ad- interim Bail was granted by this Court Anticipatory Bail Application