Manak Eknath Patil vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Manak Eknath Patil vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in connection with Crime No. 103 of 2024, release of the applicant on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 103 of 2024 (Ganeshpuri Police Station, Dist-Thane Rural) for offences under Sections 120-B, 420 and 406 read with 34 IPC arising from alleged misappropriation of charitable-trust donations, is entitled to be released on anticipatory bail.

Court's answer

Considering the overall facts and circumstances of the case — including that the charge-sheet against the applicant has been filed and this fact is undisputed, and that the applicant is 79 years old — the Court was inclined to release the applicant on anticipatory bail.

Ratio / Principle

The Court allowed the application and directed that, in the event of arrest of the applicant in connection with Crime No. 103 of 2024, he be released on bail on furnishing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

Detailed headnote1 paragraphs

Anticipatory bail granted (Bombay High Court, Criminal Appellate Jurisdiction; ABA No. 1158 of 2025; N.R. Borkar, J.; decided 08.09.2025). Applicant Manak Eknath Patil, secretary of Shree Dindeshwar Mahadev Charitable Trust, Yewai, Tal-Bhiwandi, apprehended arrest in Crime No. 103 of 2024 of Ganeshpuri Police Station, Dist-Thane (Rural), registered for offences punishable under Sections 120-B, 420 and 406 read with Section 34 IPC, on the allegation that he and other trustees collected devotees' donations and misappropriated them instead of depositing the same in the trust's bank account, to the tune of Rs. 98,51,481/-. Applicant's counsel submitted the report was filed with ulterior motive, that investigation is over and the charge-sheet already filed, and that the applicant has no other criminal antecedents; counsel for the first informant drew attention to the Joint Charity Commissioner, Mumbai order dated 09.03.2023 containing observations on the alleged misappropriation, and along with the APP opposed release considering the nature of the crime. Noting that the filing of the charge-sheet is undisputed and that the applicant is 79 years old, the Court considered the overall facts and circumstances and was inclined to grant anticipatory bail: the Application was allowed, directing that in the event of arrest in Crime No. 103 of 2024 the applicant be released on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

31-aba-1158-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1158 OF 2025

Manak Eknath Patil …Applicant

V/s.

The State of Maharashtra

...Respondent

Mr. Anil Bansode, Advocate for the Applicant. Mr. P. H. Gaikwad, APP for the Respondent/State.

Mr. Ajinkya Jaibhave i/b Adv. Anusha Jaibhave, Advocate for Respondent No.2.

CORAM : N.R. BORKAR, J. DATE : 08.09.2025.

P.C. :

This is an application for Anticipatory Bail.

The applicant is apprehending his arrest in Crime No. 103 of 2024 registered at Ganeshpuri Police Station, Dist-Thane (Rural), for the offences punishable under Sections 120-B, 420 and 406 read with 34 of the Indian Penal Code, 1860.

The applicant was the secretary of Shree Dindeshwar Mahadev Charitable Trust, at- Yewai, Tal- Bhiwandi. The allegations against the present applicant are that the applicant and other trustees, who are co-accused in the present crime, collected

Pramod S.Lakare

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31-aba-1158-2025.doc

donations from devotees and instead of depositing the said amount of donation in the bank account of the trust, they misappropriated the said amount which is to the tune of Rs. 98,51,481/-.

I have heard the learned counsel for the applicant, learned APP for the respondent-State and the learned counsel for the respondent-first informant.

The learned counsel for the applicant submits that the first informant has filed the report with some ulterior motive. It is submitted that the investigation is over and the prosecution has already filed the charge-sheet. It is submitted that there are no other criminal antecedents against the applicant.

The learned counsel for the first informant has drawn my attention to the order passed by the Joint Charity Commissioner, Mumbai dated 09.03.2023, wherein certain observations are made in relation to the alleged misappropriation.

The learned APP and the learned counsel for the first informant submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

Pramod S.Lakare

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31-aba-1158-2025.doc

The fact of filing of the charge-sheet against the present applicant is not disputed. The applicant is 79 years old. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed:

O R D E R

a] The Application is allowed.

b] In the event of arrest of the applicant in connection with Crime No. 103 of 2024, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

[N.R.BORKAR, J.]

Pramod S.Lakare

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