Bombay High Court

SONALI SAMPAT CHAVAN AND ORSversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The Court confirmed the interim anticipatory bail orders as absolute, thereby granting anticipatory bail to all applicants.

Summary

The Court considered six anticipatory bail applications filed under Section 438 of the CrPC by various directors, employees and managers of Adarsh Gramin Bigarsheti Sahakari Patsanstha in connection with FIR No. 20 of 2023, which alleged offences under IPC sections 406, 409, 420, 467, 468, 471 and Section 146 of the Maharashtra Cooperative Societies Act. The applicants argued that no specific allegations against them existed and that they had cooperated with the investigating officer, while the State contended that a fresh investigation report warranted denial of bail. The Court noted that the investigation was complete, custodial interrogation was unnecessary, and the interim protection previously granted should continue. Consequently, the Court confirmed the interim bail orders as absolute, effectively granting anticipatory bail to all applicants and disposing of the applications. The charge‑sheet will be filed after disposal of these bail applications.

Issues considered

Whether anticipatory bail should be granted to the applicants under Section 438 CrPC.
Whether the interim protection previously ordered should be confirmed as absolute.
Whether custodial interrogation of the applicants is required in the investigation.
Whether the investigation in Crime No. 0020 of 2023 is complete for the purpose of bail determination.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code, 1860 — s. 406, 409, 420, 467, 468, 471
Maharashtra Cooperative Societies Act, 1960 — s. 146

Subjects

anticipatory bail
Section 438 CrPC
IPC offences
cooperative societies act
interim bail
investigation
charge sheet
custodial interrogation

Judgment

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11-ABA-1388-2023 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 1388 OF 2023

Mahendra Shankar Dhumal And Ors …...Applicants
VERSUS
The State Of Maharashtra …...Respondent

WITH
CR. ANTICIPATORY BAIL APPLN. NO. 614 OF 2023

Maruti @ Balasaheb Narayan Deshmukh …........Applicant
VERSUS
State Of Maharashtra ….......Respondent

WITH
CR. ANTICIPATORY BAIL APPLN. NO. 620 OF 2023
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.24
Nandkumar Laxman Dhumal And Ors. …........Applicants
19:29:21
+0530
VERSUS
The State Of Maharashtra ….......Respondent

WITH
CR. ANTICIPATORY BAIL APPLN. NO. 622 OF 2023

Sunil Shamrao Dhumal And Ors …........Applicants
VERSUS
The State Of Maharashtra ….......Respondent

WITH
CR. ANTICIPATORY BAIL APPLN. NO. 770 OF 2023

Sandip Bapurao Mandhare …........Applicant
VERSUS
State Of Maharashtra ….......Respondent

WITH

Shantanu S. Dhudum
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CR. ANTICIPATORY BAIL APPLN. NO. 1389 OF 2023

Sonali Sampat Chavan And Ors …........Applicants
VERSUS.
The State Of Maharashtra ….......Respondent

_________________________________________________________________

 Mr. Ranjeet H. Patil a/w Mr. Dhavalsinh Patil and Ms. Sampada Patil
i/b Ms. Saili Dhuru for the Applicants in ABA/1388/2023 and
ABA/1389/2023.
 Mr. Sanjeev Kadam, Senior Advocate (Through V.C.) a/w Ms. Varsha
Thorat a/w Mr. Aarya V. Ambulkar and Ms. Vrunali Vilankar i/b Mr.
Prashant Raul, for the Applicant in ABA/770/2023 and
ABA/614/2023.
 Mr. Abhijit Kadam (Through V.C.) a/w Mr. Ashish Chavan for the
Applicants in ABA/620/2023 and ABA/622/2023.
 Mr. Dinesh C. Patankar a/w Mr. Ashwin Ranjane, for the Intervenor
in all Applications.
 Mr. Alankar Kirpekar (Through V.C.) i/b Mr. Somnath Kale and Mr.
Susmit Pathale, for Applicant in IA/4954/2024 and IA/4072/2025.
 Mr. Anand Subhash Shalgaonkar, APP, for the Respondent-State in all
Applications.
 PSI, N. M. Bhosale, Wathar Police Station, present.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd SEPTEMBER, 2026.
P.C.:-

1. Heard Mr. Sanjeev Kadam, Senior Advocate, learned Advocate

for the Applicant in ABA/770/2023 and ABA/614/2023, Mr. Ranjeet H.

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Patil, learned Advocate for the Applicants in ABA/1388/2023 and

ABA/1389/2023, Mr. Abhijit Kadam, learned Advocate for the Applicants

in ABA/620/2023 and ABA/622/2023, Mr. Dinesh C. Patankar, learned

Advocate for the Intervenor in all the Applications, Mr. Alankar Kirpekar,

learned Advocate for the Applicant in IA/4954/2024 and IA/4072/2025

and Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent-

State in all the Applications.

2. These six Applications are filed by the Applicants under Section

438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in

anticipation of arrest in Crime No. 0020 of 2023, dated 16 th January 2023,

registered with Wathar Police Station, District Satara, for offences

punishable under Sections 406, 409, 420, 467, 468, 471 and 146 of the

Indian Penal Code, 1860 (for short, “IPC”), and under Section 146 of the

Maharashtra Cooperative Societies Act, 1960.

3. Learned Advocates appearing for the Applicants, learned

Advocates for the Intervenors, as well as the learned A.P.P. for the

Respondent-State, appearing in these six Applications, request that these

matters be taken up together and disposed of by a common order. At the

request of the learned Advocates for the parties, these Applications are

taken up together and disposed of by a common order.

4. Learned Advocates appearing for the Applicants have tendered

the Chart indicating the orders by which the Applicants were granted ad

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interim bail, which orders continue as on date. The dates of the orders and

the Application numbers, as furnished by the learned Advocates appearing

for the Applicants, are transcribed hereinbelow:

Sr. No. Application Nos. Date on which Ad-
interim Bail was
granted by this Court
1 Anticipatory Bail Application No.1388 15th May, 2023.
of 2023,
Anticipatory Bail Application No.1389
of 2023
2. Anticipatory Bail Application No.620 of 1st March, 2023.
2023,
Anticipatory Bail Application No.622 of
2023
3. Anticipatory Bail Application No.614 of 28th February, 2023.
2023
4. Anticipatory Bail Application No.770 of 21st March, 2023.
2023.

5. On 15th May, 2023, the following order was passed in

Anticipatory Bail Application Nos. 1388 and 1389 of 2023:-

“1. Heard Mr. Patil learned counsel for the Applicant as well as
Mr.Pethe, learned APP for the State in both the Applications.

2. By these Applications, the Applicants are seeking pre-arrest bail
in connection with FIR No. 20 registered on 16th January 2023
at Vathar Police Station, District-Satara, for the alleged offences
punishable under Sections 406, 409, 420,467,468 and 471 of
the Indian Penal Code and under Section 146 of the
Maharashtra Co-operative Societies Act, 1960.

2. Learned counsel for the Applicants submitted that the main
allegation in the FIR is against the Office Bearers and Directors
of Adarsh Gramin Bigarsheti Sahakari Pathsanstha ("Credit
Society") at District Satara. He submitted that they are already

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granted interim protection by this Court on 1st March 2023. He
further submitted that the Anticipatory Bail Applications filed by
the Directors of the said Credit Society are directed to be listed
for hearing on 15th June 2023.

3. Learned counsel for the Applicants in Criminal Anticipatory Bail
No. 1388 of 2023 are the branch Managers of the concerned
branch of the said Credit Society. Learned counsel further
submitted that so far as the applicants in Criminal Anticipatory
Bail Application No. 1389 of 2023 are concerned, they are
directors of the said Credit Society. He submitted that there are
no direct and specific allegations so far as the present Applicants
are concerned, and he thus submitted that the Applicants also
be granted interim protection as is granted to the office bearers
of the Credit Society.

4. Learned APP submitted that the earlier protection which was
granted to the office bearers of the Credit Society was on the
basis of the available documents when the Application was
heard. However, a fresh report has been placed on record,
which shows that a detailed investigation is required, and hence
no interim protection be granted at this stage.

5. Considering the aforesaid facts and circumstances and the
interim protection granted to the main accused, who are office
bearers of the Credit Society, I am inclined to grant interim
protection to the applicant till the next date. It will be
convenient if these applications are heard along with the main
applications, which are directed to be listed on 15th June 2023.

6. In view of the aforesaid facts and circumstances following order
is passed:

(i) In the event of arrest of the Applicants in connection
with the C.R. No. 20 of 2023 registered with Vathar
Police Station, Satara they be enlarged on bail on
furnishing PR bonds in the sum of Rs.25,000/- with
one or two sureties to the like amount.

(ii) The Applicants shall report to the Investigating Officer of
the concerned police station every Saturday between
10.00 am to 12.00 noon and thereafter as and when
required by the Investigating Officer.

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(iii) The Applicants shall not directly or indirectly make any
inducement, threat or any promise to any person
acquainted with the facts of this case so as to dissuade
him/her from disclosing such facts to the Court or to any
police officer.

(iv) The Applicants shall keep the Investigating Officer
informed of their current address, email id and mobile
contact number, and/or change of residence or mobile
details, if any, from time to time.

(v) The Applicants shall not leave India without prior
permission of the Court.

(vi) Stand over to 15th June 2023. To be heard along with
Anticipatory Bail Application No. 620 of 2023 along with
connected Applications.

(vii) All concerned to act on an authenticated copy of this
order.”

6. On 1st March, 2023, the following order was passed in

Anticipatory Bail Application Nos.620 and 622 of 2023:-

“1. Heard Mr. A. P. Mundargi, learned Senior Advocate for the
Applicants and learned APP Shri Dabke for the Respondent-
State.

2. The Applicant-Sunil Shamrao Dhumal in Application No. 622 of
2023 expired. It is confirmed by learned APP through officer
present. In view of that his application no more survives and it
is dismissed.

3. The Applicants in Application No. 622 of 2023 are the Directors.
Whereas Applicants in Application No. 620 of 2023 are the
employees of Adarsh Gramin Bigarsheti Sahakari Patsanstha
Ltd. Sonake, District Satara. They have been audited by one
Vishnu Salunkhe the statutory auditor for the year 2020-2021.
He has noticed several irregularities in the loan proposal,
investing the amount in fixed deposit other than the Co-
operative banks, not taking steps for completing the sale deed

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and variance in amount of cash actually found in hand as
compared to amount reflected in the ledger.

4. After the audit, he submitted the report to the department of the
Co-operation on 01/02/2022 and he was directed to lodge the
F.I.R. by the Deputy District Registrar on 04/07/2022.
Accordingly, the F.I.R. came to be lodged on 16/01/2023.
Offence under Sections 406, 409, 420, 467, 468, 471 read with
34 of the Indian Penal Code and Section 146 of the Maharashtra
Co-operative Societies Act came to be registered. These
Applicants alongwith others were shown as accused persons.
There anticipatory bail applications rejected by the trial Court.

5. Learned Senior Advocate Shri Mundargi invited my attention to
a note filed at page no. 318. He submitted that in between the
period from the date of the report till lodging the F.I.R. certain
irregularities were complied and the amount has been deposited
and it is referred in the FI.R.. He submitted that even after
lodging of the FI.R. there are certain more compliance and all
those details are given in the note filed at page no. 318. He
submitted that let the report from the Statutory auditor be
called.

6. Learned APP submitted that there is Adarsh group who is
running the business under the name and style of the different
entities and the money of this Patsanstha is being misused with
the help of other entities. He submitted that so far as the
compliance are concerned, he need to take instructions.
Considering the submission made on behalf of the Applicants, if
those compliance are made, majority of the recovery aspect will
be taken care and investigation will only restrict to the
collection of the documents.

7. In view of that I am inclined to grant interim protection. Hence
following Order is passed:-
ORDER

(i) In case of arrest in connection with C.R. No. 20 of 2023,
the Applicants be released on bail on furnishing the
Personal Bond and Surety bond in the sum of Rs. 25,000/-
each.

(ii) Applicants are directed to give attendance to the Wathar
Police Station on every Saturday from 10.00 a.m. to 12.00

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noon until further orders.

8. Matters be kept on 21" March, 2023.

9. The prosecution to place on record a report by a statutory
auditor who is at present in-charge about the compliance as
submitted on behalf of the Applicants on the basis of the note
annexed at page no. 318.”

7. On 28th February, 2023, the following order was passed in

Anticipatory Bail Application No.614 of 2023:-

“1. Heard learned Advocate Shri Sanjeev Kadam for the Applicant.

2. He apprehends his arrest in connection with an offence bearing
C.R. No. 20 of 2023 registered at Vathar Station Police Station
for the offence punishable under Sections 406, 409, 420, 467,
468, 468, 471 read with 34 of the Indian Penal Code and
Section 146 of the Maharashtra Co-operative Societies Act. The
F.I.R. is lodged against in all 21 persons and out of them some
are the Directors and employees of Adarsh Gramin Bigarsheti
Sahkari Patsanstha Limited. The F.I.R. is lodged on the basis of
audit conducted by the Statutory auditor and he found several
irregularities. There was misappropriation amounting to Rs.
17,80,19,649/-. Out of them, some of money is brought back in
the accounts of the Patsanstha.

3. There were two expert Directors and one of them is present
Applicant. He is having limited role to play and that is to advice
the Society when it is called. He is not supposed to participate
in the management of the Society. However while lodging the
FI.R. his name is also included. His Anticipatory bail application
is rejected on the ground that allegations are serious and huge
amount is involved. Police are yet investigating the offence and
today officer is not present as today is first date.

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4. Accepting the fact that the Respondent is expert director, I am
inclined to grant interim protection. Let Investigating agency
may point out the materials revealed during the investigation on
the next date. Hence following order is passed:-

ORDER

(i) In case of arrest the Applicant in connection with C.R. No.
20 of 2023, the Applicant be released on furnishing PR
bond and surety bond in the sum of Rs. 25,000/-.

(ii) The Applicant to give attendance to Vathar Station Police
Station on every Friday from 10.00 a.m. to 12.00 noon
until further orders and co-operate the Police as and
when required.

5. Matter be kept on 21 March, 2023.”

8. On 21st March, 2023, the following order was passed in

Anticipatory Bail Application Nos.620, 622, 614 and 770 of 2023:-

“ANTICIPATORY BAIL APPLICATION NO. 620 OF 2023
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 622 OF 2023

1. Learned Senior Advocate Shri Mundargi is not available,
adjournment is sought. Officer is present.

2. Let matters be kept on 11th April, 2023.

3. Ad-interim protection granted earlier to continue till next date.

ANTICIPATORY BAIL APPLICATION NO. 614 OF 2023

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4. Not on board. Taken on board.

5. Matter be kept on 11th April, 2023.

6. Ad-interim protection granted earlier to continue till next date.

ANTICIPATORY BAIL APPLICATION NO. 770 OF 2023

7. Not on board. Taken on board.

8. Heard learned Advocate Shri Sanjeev Kadam for the Applicant
and learned APP Shri H. J. Dedhia for the Respondent-State.
The officer is present.

9. This Court has already granted interim protection to the
Applicant-Maruti in Anticipatory Bail Application No. 614 of
2023. He was Expert Director. It is claimed that the role of the
Applicant-Sandip is similar to role of Maruti.

10. In view of that following order is passed:-

ORDER

(i) In case of arrest of the Applicant in connection with C.R. No.
20 of 2023, the Applicant be released on furnishing PR
bond and surety bond in the sum of Rs. 25,000/-.

(ii) The Applicant to give attendance to Vathar Station Police
Station on every Friday from 10.00 a.m. to 12.00 noon
until further orders and co-operate the Police as and when
required.

11. Matter be kept on 11th April, 2023.”

9. Mr. Sanjeev Kadam, learned Senior Advocate appearing for the

Applicant in Anticipatory Bail Application Nos. 614 and 770 of 2023,

submits that the Applicants in these six Applications have appeared before

the Investigating Officers and have cooperated with the investigation in

Crime No. 0020 of 2023. He further submits that the Applicants in these

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Applications shall appear before the Investigating Officer as and when

required and shall continue to cooperate with the investigation in Crime

No. 0020 of 2023.

10. Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

Respondent-State appearing in all these six Applications, on instructions

from the Investigating Officer, states that the Applicants have appeared

before the Investigating Officer as and when required and have cooperated

in the investigation of Crime No. 0020 of 2023. Upon completion of the

investigation, the Investigating Officer has prepared a charge-sheet,

however, it has not been filed in view of the pendency of these Anticipatory

Bail Applications. He, on instructions from the Investigating Officer,

submits that upon disposal of these Anticipatory Bail Applications, the

Investigating Officer shall file the charge-sheet before the Court having

jurisdiction.

11. Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

Respondent-State, on specific instructions from the Investigating Officer in

Crime No.0020 of 2023, states that the custodial interrogation of the

Applicants in these six Anticipatory Bail Applications is not required in

Crime No.0020 of 2023.

12. Based on the statement made by Mr. Anand Subhash

Shalgaonkar, learned A.P.P. for the Respondent-State, that the custodial

interrogation of the Applicants is not required in Crime No.0020 of 2023,

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Mr. Sanjeev Kadam, Senior Advocate, learned Advocate for the Applicant in

ABA/770/2023 and ABA/614/2023, Mr. Ranjeet H. Patil, learned Advocate

for the Applicants in ABA/1388/2023 and ABA/1389/2023 and Mr. Abhijit

Kadam, learned Advocate for the Applicants in ABA/620/2023 and

ABA/622/2023, submit that these Applications be disposed of by

confirming the interim orders passed in these applications.

13. Mr. Dinesh C. Patankar, learned Advocate for the Intervenor in

all the Applications, submits that, in view of the acts of the Applicants, the

Adarsh Gramin Bigarsheti Sahkari Patsanstha Limited has suffered

substantial loss.

14. Mr. Alankar Kirpekar, learned Advocate for the Applicant in

IA/4954/2024 and IA/4072/2025, submits that they are the borrowers of

the Adarsh Gramin Bigarsheti Sahkari Patsanstha Limited and are affected

by the functioning of the Patsanstha. He submits that the Applicants in the

said Interim Applications have filed proceedings before the Magistrate

under the Code of Criminal Procedure. He states that the said proceedings

may be considered by the competent Court on its own merits and in

accordance with law. The Magistrate to consider all contentions of the

Applicant in IA/4954/2024 and IA/4072/2025 on its own merits and in

accordance with law.

15. Considering the statement made by Mr. Anand Subhash

Shalgaonkar, learned A.P.P. for the Respondent-State, that the investigation

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in Crime No. 0020 of 2023 is complete and that the custodial interrogation

of the Applicants is not required, the interim orders referred to in the chart

and in paragraphs 5 to 8 hereinabove are hereby confirmed and made

absolute.

16. Anticipatory Bail Application Nos.1388, 614, 620, 622, 770 and

1389 of 2023 are disposed of.

17. All pending Interim Applications are disposed of in view of the

disposal of the above six Anticipatory Bail Applications.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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