Sau. Sunita W/O Anantrao Chavhan Vs State of Maharashtra… — Cheating and Forgery | Bombay HC (2025)

Sau. Sunita W/O Anantrao Chavhan Vs State of Maharashtra… — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application allowed: anticipatory bail granted and interim protection of 31/01/2025 confirmed on similar terms, subject to the applicant attending the concerned police station once a week (every Monday, 10.00 AM to 1.00 PM) till filing of the charge-sheet and cooperating with the investigating agency.

Issue for consideration

Whether the applicant, a Director of the Unnati Mahila Urban Co-operative Credit Society, Malkapur, is entitled to pre-arrest (anticipatory) bail in Crime No.375/2024 and confirmation of the ad-interim protection already granted to her.

Court's answer

On perusal of the audit report, the allegations of misappropriation are entirely against the Manager of the Society; the applicant is only a Director and the other Directors have already been protected by this Court with anticipatory bail; therefore the applicant has made out a case for grant of anticipatory bail.

Ratio / Principle

The interim protection granted to the applicant vide order dated 31/01/2025 is confirmed on the same terms and conditions.

Key takeaways

As a condition of the confirmed protection, the applicant shall attend the concerned police station once a week, on every Monday between 10.00 AM and 1.00 PM, till filing of the charge-sheet, and shall cooperate with the investigating agency.ratio¶¶24

Detailed headnote1 paragraphs

Anticipatory bail – Director of urban co-operative credit society – High Court of Judicature at Bombay, Nagpur Bench (Urmila Joshi-Phalke J.), Criminal Application (ABA) No.63 of 2025, decided 18.02.2025 (neutral citation 2025:BHC-NAG:1707). The applicant, a Director of the Unnati Mahila Urban Co-operative Credit Society, Malkapur, sought pre-arrest bail in Crime No.375/2024 registered at police station Malkapur City, District Buldhana, for offences under Sections 406, 409, 420, 201 and 120-B read with Section 34 IPC, Section 146 of the Maharashtra Cooperative Societies Act, 1960, and Section 3 of the Maharashtra Protection of Interest Of Depositors (In Financial Establishments) Act, 1999. Perusing the audit report, the Court found that the allegations of misappropriation lay wholly against the Manager of the Society, noted that the other Directors had already been granted anticipatory bail by this Court, and held that the applicant (a Director alleged only to share similar responsibility) had made out a case for anticipatory bail. The interim protection of 31.01.2025 was confirmed on identical terms, with a condition that the applicant attend the concerned police station once a week (every Monday, 10.00 AM–1.00 PM) till filing of the charge-sheet and cooperate with the investigating agency.

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2025:BHC-NAG:1707

02.aba.63.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.63 OF 2025

(Sau. Sunita w/o Anantrao Chavhan Vs. State of Maharashtra)

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. P.S. Lingayat, Advocate h/f Mr. V.S. Giramkar, Advocate for the applicant.

Mr. V.A. Thakare, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- FEBRUARY 18, 2025.

Heard.

By this application, the applicant who is the Director of the Unnati Mahila Urban Co-operative Credit Society, Malkapur seeking pre-arrest bail in connection with Crime No.375/2024 registered with police station Malkapur City, District Buldhana for the offence punishable under Sections 406, 409, 420, 201 and 120-B read with Section 34 of the Indian Penal Code and Section 146 of the Maharashtra Cooperative Societies Act, 1960 and Section 3 of the Maharashtra Protection of Interest Of Depositors (In Financial Establishments) Act, 1999.

Learned Counsel for the applicant submitted that the applicant is the Director of the said Unnati Mahila Urban Co-operative Credit Society, Malkapur and only allegation against her that there was a negligence by all the Directors as far as the audit report is concerned. He submitted that the material allegations are levelled against

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02.aba.63.25.odt

the President, Cashier and the Manager of the said Society. The other co-accused are already protected by this Court. The similar role is of the present applicant. In view of that, ad-interim protection granted to the applicant deserves to be confirmed.

Learned APP strongly opposed the application and submitted that considering the huge stake of misappropriation, the present applicant who is the Director have signed the resolutions, and therefore, the role of the applicant is revealed. In view of that, the prayer for grant of anticipatory bail deserves to be rejected.

I have heard learned Counsel for both the sides. Perused the audit report from which it reveals that the entire allegations as far as the misappropriation is concerned is against the Manager of the Society. The present applicant is the Director. The other Directors are already protected by this Court by granting anticipatory bail. In view of that, the applicant has made out a case for grant of anticipatory bail.

Hence, the application is allowed.

The interim protection granted to the applicant vide order dated 31/01/2025 is hereby confirmed on the similar terms and conditions.

The applicant shall attend the concerned

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police station once in a week i.e. on every Monday between 10.00 AM and 1.00 PM, till filing of the charge-sheet and shall cooperate with the investigating agency.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.)

*Divya