Allowed

Tatyasaheb Kore Warana Kamgar Vikas Mandal through Manager and Ors. v. the State of Maharashtra

Bombay HC9 Sept 2024ABA/2025/2024

Case brief

AI extract

What is this about?

The Court confirmed interim bail for office bearers of a cooperative credit society, noting their cooperation with investigation and efforts to settle disputes with informants by handing over demand drafts. Anticipatory bail applications were allowed subject to continued cooperation and non-influence of witnesses.

What did the court decide?

Interim relief confirmed; applicants not to be arrested subject to continuing cooperation with investigation and non-influence of witnesses.

Tatyasaheb Kore Warana Kamgar Vikas Mandal through Manager… — Anticipatory Bail | Bombay HC (2024)

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39_ABA_2025, 2026, 2027_24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2025 OF 2024 WITH

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ANTICIPATORY BAIL APPLICATION NO. 2026 OF 2024 WITH

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ANTICIPATORY BAIL APPLICATION NO. 2027 OF 2024

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Tatyasaheb Kore Warana Kamgar Vikas Mandal Through Manager and others … Applicants vs. The State of Maharashtra … Respondent

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Mr. Nitin Gaware Patil a/w. Mr. Shantanu Kolhe for applicants in all applications.

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Mr. Sudarshan Rajgonda Patil for first informant/complainant in all applications.

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Mr. Mayur S. Sonawane, APP for respondent-State in ABA/2025/2024.

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Ms. Megha S. Bajoria, APP for respondent-State in ABA/2026/2024.

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Mr. Kiran C. Shinde, APP for respondent-State in ABA/2027/2024.

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Mr. Pramod Ghanshyam Ghatge, PSI, Kodoli Police Station, District Kolhapur.

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CORAM : MANISH PITALE, J. DATE : 09^th SEPTEMBER, 2024

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P.C. :

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. In these applications, on 06.08.2024, this Court had granted interim relief in favour of the applicants. While granting interim relief, this Court had made following observations:

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39_ABA_2025, 2026, 2027_24.doc

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“7. Considering the material on record and submissions made on behalf of the parties, this Court finds that the applicants are the office bearers of applicant No.1-co-operative credit society. There appears to be a dispute as to the nature of the amounts that were deposited by the informants and other aggrieved persons with the applicant No.1-cooperative credit society. It is a matter of record that the informants and other aggrieved persons had already approached the District Consumer Forum in October/November 2022 and thereafter, grievance regarding offences committed by the applicants were raised in April 2023. Eventually, it led to proceedings before the Magistrate and registration of FIRs.

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This Court is of the opinion that in such a situation, the applicants, who are office bearers of the co-operative credit society, have made out a prima facie case in their favour for interim relief, for the reason that the police taking them into custody would not lead to any kind of fruitful solution in the matter. This is particularly in the backdrop of the fact brought to the notice of this Court that the applicants are indeed making efforts to settle the dispute with the informants and other similarly situated persons.

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In this backdrop, this Court is inclined to grant interim relief to the applicants in these applications, while the learned APPs and the learned counsel for the informants can place on record their affidavits/documents.”

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The learned APPs appearing in these applications, on instructions, submitted that the applicants had appeared before the investigating officer as directed by this Court and they co-operated with the investigation. This Court is further informed that the applicants handed over demand drafts of certain amounts to the original first informant and 22 witnesses, who also claimed to be aggrieved like the informant.

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39_ABA_2025, 2026, 2027_24.doc

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The learned counsel appearing for the first informant in these three applications, confirms the fact that such demand drafts were indeed handed over by the applicants. This indicates that the applicants have taken appropriate steps for addressing the grievances of the aforesaid persons and they have also co-operated with the investigation. Considering the above facts, this Court is inclined to allow the present applications.

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Accordingly, the interim order dated 06.08.2024 passed in these applications is confirmed. The applications are allowed, subject to the applicants continuing to co-operate with the investigation. They shall not influence the informant, witnesses or any other person concerned with the case.

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The applications are disposed of.

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PRIYAKAMBLI Digitallysigned byPRIYAKAMBLIDate:2024.09.0919:40:29+0530 Priya Kambli

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(MANISH PITALE, J)

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Tatyasaheb Kore Warana Kamgar Vikas Mandal through Manager and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tatyasaheb Kore Warana Kamgar Vikas Mandal through Manager and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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