Santosh S/O Shriram Ahir vs the State of Maharashtra Thr Pso., Ps Khadan Akola

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO.984/2025

(Santosh S/o Shriram Ahir Vs. State of Maharashtra, through its Police Station Officer, Police Station Khadan, Akola, Tah. and District Akola)

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WITH

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CRIMINAL APPLICATION (ABA) NO.985/2025

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(Manohar S/o Aditmal Kruplani and another Vs. State of Maharashtra, through its Police Station Officer, Police Station Khadan, Akola, Tah. and District Akola)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S. Mardikar, Senior Advocate with Mr. Ved R. Deshpande, Advocate for the applicant. ..(in both matters)

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Mr. V.A. Thakare, A.P.P. for the non-applicant/State. ..(in ABA No.984/2025) Mr. C.A. Lokhande, A.P.P. for the non-applicant/State. ..(in ABA No.985/2025)

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CORAM: MRS.VRUSHALI V. JOSHI, J. DATED: 24.12.2025.

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Common order

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Heard.

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Issue notice to the non-applicant, returnable on 12.1.2026.

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Learned A.P.P. waives notice for the non-applicant/State.

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The applicants are apprehending arrest in Crime No.998/2025 for the offence punishable under Section 39 of the Maharashtra Money-lending (Regulation) Act.

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It is alleged that on 2.1.2024 the original complainant Harish Parwani lodged a complaint to the District Deputy Registrar, Co-operative Societies, Akola alleging that applicants and other co-accused are engaged in the business of illegal money lending. It is alleged that for said business the applicants used to prepare false documents and used to take cheques from the persons who have

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borrowed money from them. On the basis of said cheques accused have filed cases in various Courts and have harassed many persons including the applicants. The Assistant Registrar, Co-operative Societies has conducted the raid at the house and the business places of the accused and collected multiple documents. Enquiry under Section 16 of the Maharashtra Money Lending (Regulation) Act came to be conducted and in said enquiry, it was found that the accused persons are in the business of illegal money lending without any permit or licence. On the basis of said report, the complaint was lodged and the F.I.R. is registered against the present applicants.

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Learned Senior Advocate has stated that the complainant has lodged the complaint under Section 138 of the Negotiable Instruments Act before the J.M.F.C. Court and the said proceedings are pending for final arguments. During the pendency of said proceedings, complaint was lodged and the Assistant Registrar without following due procedure submitted the report. Considering the allegations made against these applicants and as Section 138 proceedings of the N.I. Act are pending against the first informant, case is made out to protect them by granting ad interim anticipatory bail.

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i) It is directed that in the event of arrest of the applicants - Santosh S/o Shriram Ahir, Manohar S/o Aditmal Kruplani and Dinesh S/o Manohar Kruplani in connection with Crime No.998/2025 for the offence punishable under Section 39 of the Maharashtra Money-lending (Regulation) Act, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one solvent surety in the like amount.

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