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Cri.B.A.No.566/22­Ex.1
Order below Exh.1 in Cri. Bail Application No. 566/2022
Malhari Bhaguji Mate
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Adgaon Police Station, Nashik.
(Cr. No.I 158/2021)
..

Prosecution
Order below Exh.1.
1.

This
is
the
third
bail
application
filed
by
the
applicant/accused under section 439 of Cr.P.C. for releasing him on
regular bail who was arrested in the aforesaid Crime registered at
Adgaon Police Station, for the offence punishable under section 420,
409, 468
r/w. 34 of the IPC.

His previous bail applications were
rejected by this Court on 14.03.2022 and 28.04.2022.
2.

This is the case of
embezzlement of funds of Rs.

2,76,01,040/­ by the Directors, Branch Manager, staff members,
Recovery Officers and the beneficiaries of the Society by name Durga
Nagari Sahakari Patsanstha Maryadit, Adgaon, Tal. & Dist. Nashik.

3.

The learned counsel Mr. P.R.Shejwal appearing for the
applicant/accused has argued that applicant has not committed any
offence. He is not concerned with the crime. He was the Chairman of
the Society since last 15 years. He has not participated in day to day
affairs of the Society.

As per the prosecution case, he was the
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Cri.B.A.No.566/22­Ex.1
beneficiary of Rs.1,20,000/­ which he has already deposited with the
Society. His custodial interrogation is already over. His further
detention is not warranted.

The co­accused Balasaheb Rupchand
Madhwai is already released on bail by Hon’ble High Court
vide
Order dated 05.05.2022 and hence on the ground of parity, he is also
entitled for bail.

He further submitted that charge­sheet is filed
before the trial Court.

Considering the nature of the offence,
he
prayed for grant of bail to the applicant/accused.

4.

The Investigating Officer has filed his reply at Exh.4 and
strongly opposed the application stating that the offence is serious in
nature and applicant is the key accused in this crime. There was
misappropriation of funds to the tune of Crores of Rupees. The
applicant
has
not
cooperated
with
the
investigation.

The
misappropriation started from the year 2008 when applicant was the
Director of the said Society and though he has knowledge of the same,
he has not taken any efforts to stop such irregularities and illegalities.
If applicant is released on bail, he may pressurize the witnesses and
may tamper with evidence.
The Ld. APP Smt. Reshma Jadhav has strongly
submitted her argument in the line with the say filed by the
investigating officer vide Exh.5.

The offence is well planned with an
intention to misappropriate the Society amount.

In support of her
contentions, she has relied on the reported cases in the case of
Kalyanchandra Sarkar Vs. Rajesh Rajan @ Pappu Yadav,
Cr.Appeal No.1129/2004 decided by Hon’ble Supreme Court on
18.01.2005 and submitted that as the offence is of serious nature and
role of applicant, application be rejected.

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5.

Cri.B.A.No.566/22­Ex.1
After going through submission of the learned counsels, it
appears that the role assigned to the applicant is that he along with
the Bank Manager had favored one Vishal Bagde and caused loss to
the Society. Though the allegations are serious in nature but one of
the co­accused against whom the allegations were more serious was
released on bail by Hon’ble Bombay High Court. Thus, the applicant is
also entitled to be released on bail on the ground of parity. Further the
investigation is over and charge­sheet is filed and thus, further
detention of the applicant is not required. Hence,
I am inclined to
grant the application. Hence, following order.
Order
Application is allowed.
2.
Applicant/ accused – Malhari Bhaguji Mate shall be
released on regular bail on furnishing his P. R. bond of
Rs.25,000/­ with one or more sureties in the like amount.
(a)
not to act in the manner injurious to the interest of the
prosecution.

(b)
maintain law and order and shall not pressurize the
Victim and tamper with evidence in any manner.

(c)
furnish the address of his residence, copy of Pan and
Adhar card at the time of execution of bond and shall not
change the residence without prior permission of this
Court.

3.
If the applicant/accused commit breach of any of the above
conditions, the bail granted to him shall be liable to be
Digitally signed
cancelled.
NAIR
SANDHYA
SUNIL
Date : 23.05.2022.

by NAIR
SANDHYA
SUNIL
Date:
2022.05.23
16:04:19 -0600
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.

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Cri.B.A.No.566/22­Ex.1