Rajendra Baburao Pawar v. State of Maharashtra

Bombay HC3 Feb 2025BA/1554/2024

Case brief

AI extract

What is this about?

Regular bail allowed — cooperative credit society (Pathpedhi Sanstha) fraud case — IPC Ss.406, 409, 420, 465, 467, 468, 471, 120-B r/w 34 and MPID Act Ss.3 & 4 — Crime No. 280/2022, Kothrud Police Station, Pune — alleged defrauding of Rs.10,54,01,265/- — two years incarceration, trial not commenced — bail conditioned on deposits of Rs.20,00,000 (pre-release) and Rs.30,00,000 (within 3 months), P.R. Bond Rs.25,000, monthly police-station reporting — Bombay High Court, N.R. Borkar, J., 13.02.2025 — Bail Application No. 1554 of 2024.

What did the court decide?

Application allowed; applicant to be released on bail in C.R. No. 280 of 2022 (Kothrud Police Station, Pune) on a P.R. Bond of Rs.25,000 with one or two sureties in the like amount, subject to deposit and reporting conditions. ¶order clause A

Rajendra Baburao Pawar vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶order clause A

Issue for consideration

Whether the applicant, arrested in Crime No. 280 of 2022 (Kothrud Police Station, Pune) for offences under Sections 406, 409, 420, 465, 467, 468, 471 and 120-B read with 34 IPC and Sections 3 and 4 of the MPID Act, 1999, should be released on regular bail.

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Court's answer

The Court inclined to release the applicant on bail subject to conditions, considering that he had been in jail for two years with the trial not commenced, and in view of the affidavit dated 10.2.2025 filed by his son offering deposits.

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Ratio / Principle

Bail ordered on furnishing a P.R. Bond of Rs.25,000 with one or two sureties in the like amount, conditional upon deposit of Rs.20,00,000 with the concerned Pathpedhi Sanstha (release warrant only after such deposit), a further deposit of Rs.30,00,000 within three months of release, monthly attendance at the police station on the first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial, and liberty to the prosecution to seek cancellation of bail if conditions are breached.

¶order clause B

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. (13.02.2025) — Regular bail granted to Rajendra B. Pawar, who was Chairman of Laxmibai Nagari Sahakari Pathpedhi Sanstha, Pune, arrested in Crime No. 280 of 2022 of Kothrud Police Station for offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120-B read with 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, the allegations being defrauding of the Pat-Sanstha to the tune of Rs.10,54,01,265/-. The applicant had been in jail for two years and the trial had not commenced; in view of the affidavit dated 10.2.2025 filed by his son (recording the applicant's 1/5th share in property and willingness to deposit Rs.20,00,000/- and a further Rs.30,00,000/-), bail was granted on a P.R. Bond of Rs.25,000 with one or two sureties in the like amount. Conditions: deposit of Rs.20,00,000/- with the concerned Pathpedhi Sanstha (release warrant only after such deposit); deposit of Rs.30,00,000/- within three months from release; monthly attendance at the concerned police station on the first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial; prosecution at liberty to apply for cancellation of bail if conditions are breached.

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Digitally signed by DINESH DINESH SADANAND SADANAND SHERLA SHERLA Date: 2025.03.19 19:34:29 +0530

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907-ba-1554-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1554 OF 2024

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Rajendra B. Pawar V/s. State of Maharashtra

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…Applicant

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...Respondent.

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Mr. Kuldeep U. Nikam for the Applicant. Mrs. G.P. Mulekar, APP for the Respondent/State.

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CORAM : N.R. BORKAR, J. DATE : 13.02.2025.

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P.C. :

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This is an application for regular bail.

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The applicant came to be arrested in Crime No.280 of 2022 registered at Kothrud Police Station, Pune for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120-B read with 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments)Act, 1999.

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The present applicant was Chairman of Laxmibai Nagari Sahakari Pathpedhi Sanstha, Pune. The allegations against the present applicant and other co-accused are of defrauding the said Pat-Sanstha to the tune of Rs.10,54,01,265/-.

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I have heard the learned counsel for the applicant and the learned APP for the respondent – State and perused the affidavit

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Dinesh S. Sherla

907-ba-1554-24.doc

dated 10.2.2025 filed by the son of the applicant.

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5. Paragraph Nos.4 and 5 of the said affidavit reads thus:

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“4. I say that Applicant is a joint owner of property bearing Plot No.1, Vande Mataram Bungalow, Bharati Nagar, KothrudPune. I further say that the ready reckoner valuation of the said property is around 2.45 Crore Rupees. That the present market value of the said property is around 3.5 Crore Rupees. That the Applicant is having 1/5th Share in the said property. Upon instructions, I say that the Applicant does not have any objection if his share is old and amount is utilized, without prejudice, by the investigating agency.

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5. I say that apart from the facts and circumstances mentioned above, the Applicant is also ready and willing to deposit Rs.20,00,000/- and further ready to deposit an additional amount of Rs.30,00,000/- from the date of release within period of three months”.

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The applicant is in jail for two years and the trial has not commenced. Considering the said fact and in view of the affidavit dated 10.2.2025 filed by the son of the applicant, I am inclined to release the applicant on bail, subject to certain conditions. In the result, the following order is passed.

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O R D E R

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A] The Application is allowed.

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B] The applicant be released on bail in C.R. No. 280 of 2022 registered at Kothrud Police Station, Pune for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120-B read with 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of

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Dinesh S. Sherla

907-ba-1554-24.doc

Interest of Depositors (in Financial Establishments) Act, 1999 on furnishing P.R Bond in the sum of Rs.25,000/(Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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C] The applicant shall deposit the amount of Rs.20,00,000/- with the concerned Pathpedhi Sanstha.

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D] The Trial Court shall issue the release warrant only after the said amount of Rs.20,00,000/- is deposited.

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E] The applicant shall deposit the amount of Rs.30,00,000/- as stated in the affidavit within a period of three months from the date of his release.

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F] The applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

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G] It would be open to the prosecution to file an application for cancellation of bail, if above conditions are breached.

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The Application is disposed of in the above terms.

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[N.R.BORKAR, J.]

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¶37

Dinesh S. Sherla

Rajendra Baburao Pawar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajendra Baburao Pawar v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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