Dhanyakumar Gorakh Mane vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Dhanyakumar Gorakh Mane vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: applicant to be released on furnishing a P.R. bond of Rs.50,000/- with one or two local solvent sureties in the like amount, subject to conditions - (a) not to pressure the informant/prosecution witnesses or tamper with evidence; (b) to attend trial on every date unless exempted; (c) to submit Aadhar and Pan cards, detailed address, phone numbers and two near relatives' details to the Investigating Officer; (d) breach permits prosecution to seek cancellation of bail; (e) the concerned Court may consider applications on their own merits notwithstanding this grant.

Issue for consideration

Whether the applicant, arrested on 21/02/2025 in connection with C.R. No. 169/2025 (BNS 2023 s.316(5), 318(4), 61(2) and MPID Act ss.3 and 4 offences), should be granted regular bail despite prosecution objections regarding the seriousness of the fraud, alleged complicity, risk of evidence tampering and flight risk.

Court's answer

Documentary material relating to the crime was already collected during investigation, and prima facie there is no direct material on record indicating that the applicant misappropriated the alleged amount.

Ratio / Principle

Since co-accused no. 3 had already been enlarged on bail by this Court on 10/10/2025, the applicant deserves to be admitted to bail on the ground of parity.

Key takeaways

The applicant has been in custody for more than one year; continued detention may amount to unjustified pre-trial detention.ratio¶5
With investigation complete and the charge-sheet filed, commencement and conclusion of the trial involving numerous accused and witnesses is unlikely within a reasonable period, weighing in favour of release on bail.ratio¶6
The APP's apprehension regarding pressurizing the informant and investors can be adequately addressed by imposing stringent bail conditions.

Detailed headnote1 paragraphs

Bail - Economic offence / depositors' fraud (MPID Act, 1999) - Regular bail sought by an applicant arrested on 21/02/2025 in C.R. No. 169/2025, Satara City Police Station, for offences under s.316(5), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and ss.3 and 4 of the MPID Act, 1999 - Prosecution opposed, terming it a successive bail application and citing the serious fraud, alleged complicity in receiving amounts, and risk of tampering and absconding - Court found the documentary evidence already seized during investigation, with prima facie no direct material showing misappropriation by the applicant; co-accused no. 3 already released on bail on 10/10/2025 (parity); applicant in custody over one year, so further detention risked becoming unjustified pre-trial detention; investigation complete, charge-sheet filed, and trial unlikely to conclude in reasonable time; APP's apprehensions manageable through stringent conditions - Bail allowed with a P.R. bond of Rs.50,000/- and conditions barring witness pressure/evidence tampering, requiring attendance at trial and submission of identity details, with liberty to prosecute cancellation on breach; observations expressly confined to the bail application and not to influence the trial Court. (Single-judge decision of Sachin S. Deshmukh, J., Bombay High Court, Kolhapur Circuit Bench, 7 May 2026.)

910-BA-289-2026 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 289 OF 2026

Dhanyakumar Gorakh Mane VERSUS State Of Maharashtra And Anr.

Mr. Ramanik Pawar, a/w Mr. Samadhan Mahamulkar, advocate for the Applicant

Dr. Ashvini A. Takalkar, APP for the Respondent-State

CORAM : SACHIN S. DESHMUKH, J. DATE : 7^th MAY 2026.

P. C. :

IRESH MASHAL

Digitally signed by IRESH MASHAL Date: 2026.05.08 16:30:19 +0530

The applicant seeks regular bail in connection with C.R. No. 169/2025 registered with Satara City Police Station, District Satara for offences punishable under Sections 316(5), 318(4), 61(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of the The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (‘MPID Act’).

Learned counsel for the applicant submits that the applicant is falsely implicated. The applicant contends that applicant does not operate financial establishment under Section 3 of the MPID Act. The applicant was not involved in the day to day affairs of the

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establishment. The applicant is in custody since his arrest on 21/02/2025. The trial is likely to take considerable time. Since the necessary documents are already seized by the Investigating Officer during the course of investigation, as such, further incarceration of the applicant would be unjustified.

Per contra, learned APP has opposed the application submitting that this is a successive bail application further citing serious nature of the fraud and material on record indicating the complicity of the present applicant while receiving the amount and expressed concern regarding tampering of the evidence and risk of the applicant being unavailable for the trial, if enlarged on bail.

Upon considering the submissions of learned counsel for the applicant and learned APP and perusal of the record including the charge-sheet indicates that there is documentary material in relation to the crime, same is already collected during course of investigation. prima facie, there is no direct material on record to indicate that the applicant misappropriated the alleged amount.

Further perusal of the record indicates that the co-accused no. 3 is enlarged on bail by this Court by the order dated 10/10/2025, as such, even on the ground of parity, applicant

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deserves to be admitted to bail. Moreover, the applicant is in custody for more than one year. As such, further detention of the applicant may amount to pre-trial detention which is neither justified nor warranted.

Investigation is complete for all intent and purpose. Resultantly, the charge-sheet is filed. Having regard to the number of accused and the witness the prosecution proposes to examine, it is unlikely that the commencement and conclusion of the trial will take place within a reasonable period.

The apprehension expressed by the learned APP about pressurizing the informant and investors can be adequately taken care of by imposing stringent conditions.

Resultantly, I am persuaded to exercise the discretion in favour of the applicant.

Hence, following order:

O R D E R

I. The bail application is allowed.

II. Applicant, Dhanyakumar Gorakh Mane be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like

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amount, in connection with C.R. No. 169/2025 registered with Satara City Police Station, District Satara for offences punishable under Sections 316(5), 318(4), 61(2) of Bhartiya Nyaya Sanhita, 2023 and under Sections 3 and 4 of the The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, on the following conditions :-

(a) The applicant shall not pressurize, informant and prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court.

(c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move the concerned Court seeking cancellation of bail.

(e) The concerned Court may consider the application on its own merits, notwithstanding the fact that this Court has granted bail to the applicant.

Needless to state that the observations rendered herein are to

the extent of this application and the trial Court shall not be influenced by the same.

[SACHIN S. DESHMUKH, J.]

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