Satish Chandrakant Bedake vs the Sate of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Satish Chandrakant Bedake vs the Sate of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Criminal Bail Applications allowed; applicants directed to be released on bail in connection with Crime No. 585 of 2024 (Karad City Police Station, District Satara) on executing a P.R. Bond of Rs. 25,000/- each with one or two sureties in the like amount; each applicant to attend the concerned police station once a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; interim applications for intervention disposed of.

Issue for consideration

Whether the applicants, who were directors of Shivshankar Nagari Sahkari Patsanstha and stand arrested in Crime No. 585 of 2024 of Karad City Police Station for offences under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 IPC and Sections 3, 4 of the MPID Act, 1999, are entitled to be released on bail. +1 more

Court's answer

Taking into account that the applicants did not receive any part of the misappropriated amount, their custody of six months to one year, and the absence of other criminal antecedents, the Court was inclined to release them on bail.

Ratio / Principle

The Court recorded that the learned A.P.P. did not dispute that the applicants did not receive any amount out of the alleged misappropriated amount.

Key takeaways

The applicants were directed to be released on bail in Crime No. 585 of 2024 on executing a P.R. Bond of Rs. 25,000/- each with one or two sureties in the like amount, subject to attending the concerned police station once a month on the first Saturday between 11:00 a.m. and 1:00 p.m. till conclusion of trial.ratio¶44

Detailed headnote1 paragraphs

Bombay High Court (N. R. Borkar, J.), by a common order dated 07.05.2025, allowed Bail Applications Nos. 4004 of 2024 (Manoj Chandrakant Durgawade), 4026 of 2024 (Satish Chandrakant Bedake) and 1079 of 2025 (Mahesh Laxman Shinde), all arising out of Crime No. 585 of 2024 registered at Karad City Police Station, District Satara, for offences punishable under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (MPID) Act, 1999. Following a 2022 complaint by depositors, the District Deputy Register Co-operative Society, Satara ordered an audit of Shivshankar Nagari Sahkari Patsanstha Maryadit for FY 01.04.2021–31.03.2023; the informant-special auditor found that the applicants, who were directors, along with co-accused sanctioned loans without proper surety documents and prepared forged surety documents, some loans having been disbursed without any surety, and misappropriated Rs. 13,09,96,722/- between 2011 and 2022. The Court noted that the learned A.P.P. did not dispute that the applicants received none of the misappropriated amount, and that they had been in custody from six months to one year with no other criminal antecedents; on these considerations they were released on bail on a P.R. Bond of Rs. 25,000/- each with one or two sureties in the like amount, subject to monthly attendance at the concerned police station on the first Saturday between 11:00 a.m. and 1:00 p.m. till conclusion of trial. The intervenor's (Ramesh Shivaji Salunkhe) interim applications were also disposed of.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4004 OF 2024 Manoj Chandrakant Durgawade ...Applicant Versus The State of Maharashtra ...Respondent

WITH INTERIM APPLICATION NO.5022 OF 2024 IN

BAIL APPLICATION NO. 4004 OF 2024

Ramesh Shivaji Salunkhe ...Intervenor IN THE MATTER BETWEEN Manoj Chandrakant Durgawade ...Applicant Versus The State of Maharashtra ...Respondent

WITH BAIL APPLICATION NO. 4026 OF 2024

Satish Chandrakant Bedake ...Applicant Versus The Sate of Maharashtra ...Respondent

WITH INTERIM APPLICATION NO.4833 OF 2024 IN

BAIL APPLICATION NO. 4026 OF 2024

Ramesh Shivaji Salunkhe ...Intervenor IN THE MATTER BETWEEN Satish Chandrakant Bedake ...Applicant Versus The Sate of Maharashtra ...Respondent

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AND

BAIL APPLICATION NO. 1079 OF 2025

Mahesh Laxman Shinde ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Amit Icham, Advocate for the Applicant in BA 4004/2024. Mr. Aditya Raktade a/w Adv. Aarti Shah, Advocate for the Applicant in BA 4026/2024.

Mr. Deepak Thakre a/w Mr. Gopal Parab, Advocate for the application in BA 1079/2025.

Ms. Anamika Malhotra, A.P.P. for the Respondent – State.

CORAM : N. R. BORKAR, J. DATE : 07^th MAY, 2025.

P.C.:

All these applications are arising out of the one and the same crime and thus they are being disposed by this common order.

The applicants came to be arrested in Crime No.585 of 2024 registered at Karad City Police Station, District : Satara, for the offences punishable under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 3, 4 of the Maharashtra Protection of Interest of Depositors Act, 1999

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(for short ‘MPID’ Act).

FIR is lodged by Dhanajay Chandrakant Gade, Special Auditor Co-operative Society.

In 2022, aggrieved depositors of Shivshankar Nagari Sahkari Patsanstha Maryadit filed a complaint before the District Deputy Register Co-operative Society, Satara seeking refund of their respective deposit amounts from the said Patsansth. Thereafter, as per the order of District Deputy Register Co-operative Society, Satara, the first informant conducted an audit of the said Patsanstha for the financial years 01.04.2021 to 31.03.2023. During the said audit he found that the present applicants, who were directors of the said Patsanstha and other co-accused sanctioned loan proposals without the appropriate documents of surety as well as prepared forged documents of surety. There are instances where loans were disbursed without any surety whatsoever. It was found that during the period from 2011 to 2022, the applicants and other co-accused in connivance with each other had disbursed the loan amounts on the basis of the said false and fabricated documents and misappropriated a total amount of Rs.13,09,96,722/-

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The learned counsel for the applicants submits that the applicants came to be implicated in the crime in question

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just because they were directors of the Patsanstha in question. It is submitted that the applicants are not the beneficiary of the alleged misappropriated amount. It is submitted that the applicants are in jail for six months to one year and there are no other criminal antecedents.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicants were signatory to resolution by which the loan were sanctioned. It is submitted that considering the nature of crime, the applicants may not be released on bail.

The learned A.P.P. has, however, not disputed the fact that the applicants did not receive any amount out of the alleged misappropriated amount. The applicants are in jail from six months to one year and there are no other criminal antecedents against them. Considering the said facts, I am inclined to release the applicants on bail.

ORDER

(i) Criminal Bail Applications are allowed;

(ii) The applicants are directed to be released on bail in connection with Crime No.585 of 2024 registered at Karad City Police Station, District : Satara, for the offences punishable under Sections 420, 406, 408, 465, 467, 471, 120B read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 3, 4 of the Maharashtra Protection of Interest of Depositors Act,

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1999 (for short ‘MPID’ Act) on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;

(iii) The applicants shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

(iv) Application stands disposed of accordingly.

(v) The interim applications for intervention also stand disposed of.

(N. R. BORKAR, J.)

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