SHARAD DAYARAM SHINDEversusSTATE OF MAHARASHTRA AND ANR

                                                                        901-ABA-168-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN                                CRIMINAL APPELLATE JURISDICTION
VITTHAL                       ANTICIPATORY BAIL APPLICATION NO.168 OF 2026
KUDHEKAR
                      Sharad Dayaram Shinde                                …Applicant
Digitally signed by
ARJUN VITTHAL               Versus
KUDHEKAR
Date: 2026.09.30
                      The State of Maharashtra & Anr.                      …Respondents
23:17:53 +0530


                      Mr. Sanjeev Kadam, Senior Advocate a/w Onkar A. Wable, for the
                      Applicant.
                      Ms. M. M. Deshmukh, Additional Public Prosecutor, for the
                      Respondent-State of Maharashtra.
                      ACP Sandeep Mitke, Crime Branch, Nashik City, present.
                      PI Nikam, DGP Office, present.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       29 SEPTEMBER 2026

                      PC:-
                      1.      Heard Mr. Sanjeev Kadam, learned Senior Counsel for the

                      Applicant and Ms. Deshmukh, learned Additional PP, for the

                      Respondent-State of Maharashtra.


                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the

                      Applicant is seeking pre-arrest bail in connection with CR No.164

                      of 2025 registered with Nashik Road Police Station, Nashik City, for

                      the offences punishable under Sections 3(5), 340(2), 338, 336(3),

                      318(4) and 316(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).




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3.      It is the submission of Mr. Kadam, learned Senior Counsel

that the Applicant was the Chairman of “Kai. Dayaram Piraji

Shinde Bahuuddeshiya Sanstha, Lon Khurd, Taluka Amalner,

District Jalgaon” for the period of 2017-2022 and thereafter a

Change Report has been filed for the period of 2022-2027, wherein

one Dhananjay Ashokrao Hire has been appointed as the Chairman

and the Applicant is not concerned with the said period. To

substantiate the said contention, reliance is placed on the Change

Report submitted under the provisions of the Maharashtra Public

Trusts Act, 1950 with the Office of the Charity Commissioner

(Pages 54-55 of Anticipatory Bail Application). It is submitted that

the period during which the offence took place is 2022-2024 and,

therefore, the Applicant is not involved in the offence. To

substantiate the said contention, apart from the Change Report

(Pages 54-55) a Consent Letter which was filed by the new

Chairman and the body of the Trustees annexed at Page 57 is also

relied. It is submitted that in the FIR the names of various

Educational Institutions are set out (Page 29), however, the names

of the Educational Institutions with which the Applicant was

concerned between the period of 2017-2022 is not mentioned and,

therefore, the Applicant is not involved in the crime. Insofar as the



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prosecution case that the Applicant was seen in a CCTV footage

which is the recording of the CCTV installed at Police Station, it is

submitted by learned Senior Counsel that as there were press

reports stating that the FIR has been lodged against the Trust, to

verify the position the Applicant had visited the Police Station.


4.      Ms. Deshmukh, learned Additional SPP, submits that the FIR

has been lodged on the basis of the statement of Mr. Bhausaheb

Bhikanrao Chavan, Deputy Director of Education. Learned

Additional PP submitted that the subject F.I.R. i.e. C.R. No.164 of

2025 is concerning appointments of about 96 teaching/non-

teaching staff in various Schools/Educational Institutions which

are in the jurisdiction of Nashik Division. There are about 125

Accused. Learned Additional PP submits that, in fact, during

investigation the role of the First Informant who is the Deputy

Director of Education is also seen. She submitted that the

Applicant is involved in appointment of 32 teaching/non-teaching

staff in his capacity as the Chairman of “Kai. Dayaram Piraji Shinde

Bahuuddeshiya Sanstha, Lon Khurd, Taluka Amalner, District

Jalgaon”. Learned Additional PP submits that the appointments of

these 32 teaching/non-teaching staff have been made between the




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period of 2022-2024, however, in most of the cases, the

appointments were shown to be made from 2011-2012 and an

amount of Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh

Twenty-Two Thousand One Hundred Three Only) has been

received by these teachers/non-teaching staff through their

Shalarth IDs towards arrears of salaries from State Government. By

relying on the statements of various teachers, it is submitted that

the Applicant has taken blank cheques from all these teachers/non-

teaching staff and those blank cheques by mentioning various

amounts and names of relatives of the Applicant were encashed in

the accounts of the Applicant’s relatives. Thus, substantial amount

out of said amount of Rs.3,66,22,103/- (Rupees Three Crore Sixty-

Six Lakh Twenty-Two Thousand One Hundred Three Only) has

been received by the Applicant by deposit of the money in the

account of the Applicant’s various relatives. Although it is the

contention of learned Senior Counsel that the Applicant is not

involved in the functioning of the said Trust after the period of

2017-2022, however, various statements are pointed out by the

learned Additional PP of the staff members of the said Educational

Institutions, stating that the Applicant is functioning as the

Chairman of the said Educational Institution.




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5.          As per the prosecution case, the Applicant is the Chairman of

Kai. Dayaram Piraji Shinde Bahuuddeshiya Sanstha, Lon Khurd,

Taluka Amalner, District Jalgaon for the period of 2017-2022 and

even for the period of 2022-2027. The Applicant is concerned with

the appointments of 18 teaching staff and 14 non-teaching staff i.e.

total 32 teaching/non-teaching staff, appointed in three different

Schools conducted by said Trust as per the following details:


     i.      Shivaji High School, Amalner (6 teaching staff);

     ii.     Jijau Secondary School, Bhilali (8 teaching/8 non-teaching

             staff members); and

     iii.    Bharati Madhyamik Vidyamandir, Kasoda, Erandol (5

             teaching/6 non-teaching staff members).


The total amount involved as far as the Applicant is concerned is

Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh Twenty-Two

Thousand One Hundred Three Only). As per the prosecution case,

although        these   teachers/non-teaching    staff    were    appointed

between the years 2022-2024, their appointments were shown in

most of the cases as being appointed from the years 2011-2012

and salaries were drawn from the years 2011-2012 and the same

has been paid to the respective teachers/non-teaching staff.




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Aggregate salary received by these teachers/non-teaching staff is

about Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh

Twenty-Two Thousand One Hundred Three Only). As per the

prosecution case, the Applicant has taken many blank cheques

from these teachers and by putting the names of Applicant’s

various relatives’ these cheques were deposited in the accounts of

the said relatives. Thus, huge amount is received by the Applicant.


6.      It is required to be noted that even as per the case of the

Applicant, he is the Chairman of said Kai. Dayaram Piraji Shinde

Bahuuddeshiya Sanstha, Lon Khurd, Taluka Amalner, District

Jalgaon admittedly, for the period of 2017-2022.


7.      It is the submission of Mr. Kadam, learned Senior Counsel

that for the period of 2022-2027, a new Committee has been

formed and the Applicant is not the Chairman and even not the

Member of the Executive Committee of the said Trust and the

Chairman is one Dhananjay Ashokrao Hire. To substantiate the

said contention, reliance is placed by learned Senior Counsel on

the Change Report at Pages 54, 55 and 58. A scanned copy of the

same is as under:




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8.      Yesterday i.e. on 28th September 2026, Ms. Deshmukh,

learned Additional PP submitted a photocopy of certified copy of

the Change Report which was filed with the Office of the Charity

Commissioner by the Applicant in his capacity as the Chairperson

of the said Trust. A scanned copy of the same is reproduced herein

below:




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9.      Perusal of Pages 54, 55 and 58 annexed to the Anticipatory

Bail Application and certified copy which has been obtained by the

Investigating Officer from the Office of the Charity Commissioner,

prima facie, shows that the Applicant has annexed to this

Anticipatory Bail Application forged and fabricated Change Report.

The Change Report which has been annexed to the Anticipatory

Bail Application at Pages 54-55 shows that the Applicant was the

Chairman and Member of the Executive Committee for the year

2017-2022, whereas for the period of 2022-2027 a new body was

elected and the Chairman is shown to be one Dhananjay Ashokrao

Hire. The Reporting Trustee for the Change Report is said

Dhananjay Ashokrao Hire. The photocopy of certified copy of the

Change Report which the learned Additional PP has tendered

shows that the Applicant continued to be the Chairman for the

period of 2022-2027. Accordingly, said photocopy of the certified

copy of the Change Report as submitted by learned Additional

Public Prosecutor is taken on record and marked “X” for

identification.


10.     Since, prima facie, it is clear that the forged and fabricated

documents      have   been   annexed      to   this   Anticipatory   Bail




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Application, this Court by Order dated 28th September 2026

directed the Applicant to remain present in this Court today. The

said Order dated 28th September 2026 reads as under:


        “1.    During the course of hearing, it transpires that a
        copy of the Change Report which has been annexed to
        this Anticipatory Bail Application is a fabricated
        document, as Ms. Deshmukh, learned Additional PP, has
        submitted a photocopy of certified copy of the Change
        Report, which shows the name of the present Applicant
        as the Chairman and Member of the Board of Trustees
        even for the period of 2022-2027. The document which
        has been produced on Page 54 of the Anticipatory Bail
        Application shows one Dhananjay Ashokrao Hire as the
        Chairman for the period of 2022-2027.

        2.     Thus, prima facie, the document which is
        annexed to the Anticipatory Bail Application is a forged
        and fabricated document.

        3.     Accordingly, the Applicant - Sharad Dayaram
        Shinde shall remain present in this Court tomorrow.

        4.     Stand over to 29th September 2026 at 03:00 pm.

        5.     Till next date, no coercive action be taken against
        the Applicants.”


However, today the Applicant - Sharad Dayaram Shinde is not

present in the Court.


11.      Mr. Kadam, learned Senior Counsel submits that the learned

Advocate on record has informed about the Order dated 28th

September 2026 of this Court to the Applicant but inspite of the




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same, the Applicant is not present in the Court. However, Mr.

Kadam, learned Senior Counsel submitted that the Applicant has

sent a certified copy of the Change Report on WhatsApp, wherein

the name of said Dhananjay Ashokrao Hire is shown as the

Chairman for the period of 2022-2027. The said copy which has

been sent by the Applicant to the learned Advocate on record on

WhatsApp has been tendered in the Court and is marked “Y” for

identification. A scanned copy of the same is as follows:




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12.      In view of the said contention, Ms. Deshmukh, learned

Additional PP points out the Order dated 8th May 2023 passed by

the learned Assistant Charity Commissioner-II, Jalgaon Region,

Jalgaon in Enquiry No.43 of 2022, wherein it is specifically stated

that the subject application was moved by the Applicant/reporting

trustee Shri Sharad Dayaram Shinde i.e. the present Applicant

under Section 22 of the Maharashtra Public Trusts Act, 1950 for

reporting change taken place in the Executive Committee of public

trust, namely, Kai. Dayaram Piraji Shinde Bahuuddeshiya Sanstha,

Lon Khurd, Tq. Amalner, Dist. Jalgaon and in the said Enquiry

Change Report was accepted and further directed that the entry of

the same shall be taken in Schedule-1 of Public Trust register of the

tenure 2022 to 2027. The said Order of the Assistant Charity

Commissioner-II, Jalgaon Region, Jalgaon, as as follows:


                        “ORDER BELOW EX.1

                Subject application is moved by the applicant /
        reporting trustee Shri. Sharad Dayaram Shinde under
        Sec.22 of Maharashtra Public Trusts Act, 1950 for
        reporting change taken place in the executive committee
        of public trust namely, Kai. Dayaram Piraji Shinde
        Bahuuddeshiya Sanstha, Lon Khurd, Tq.Amalner,
        Dist.Jalgaon registered at registration No.F-13999
        /Jalgaon. The inquiry is unchallenged / undisputed.

        02.    The applicant has come up with a case that the




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        aforesaid public trust is registered under Maharashtra
        Public Trusts Act, 1950 bearing registration No.F-
        13999/Jalgaon. As per the rules & regulations of the
        trust, tenure of acting executive committee has
        completed. Hence, on 27-05-2022 an annual general
        meeting was arranged. In said meeting fresh / new
        executive committee was elected for tenure of 2022 to
        2027. Therefore, present change report/application is
        filed for reporting said change.

        03.     The application is supported by the no objection
        of outgoing trustees at Exh.02, consent letter of
        incoming trustees at Exh.03, list of members' at Exh.09,
        certified copy of public trust registration application,
        constitution / rules & regulations of the trust at Exhs.11
        & 12, 13, death certificate of Shobhabai Ashokrao Patil at
        Exh. 16 and change report Enquiry No.1779/2018 at
        Exh.10.

        04.    Applicant has filed his evidence affidavit at
        Exh.17. The contents in the affidavit are well supported
        by minutes of proceeding book extract of annual general
        meeting dated 27-05-2022 at Exh.08 and its agenda &
        agenda received at Exhs.06 & 07.

        05.      It is seen from the record that the trust had been
        de registered by way of a judgment and order dated
        21/02/2022 passed by ld. Predecessor of this authority
        in Suo Motu Inquiry No. 1187/2019. The applicant filed
        on record at Exh.05, the copy of Revision Appeal No.
        102/2022 and the copy of judgment and order dated
        07/12/2022 wherein the order of de registration of the
        trust was set aside and the trust had been regularized in
        to it's original number.

        06.     To the satisfaction of this authority, the change is
        according to the rules & regulations of the trust.
        Therefore, the change is legal & valid. Hence, proceed to
        pass following order -




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                                ORDER

         1) The Enquiry Change report No.43/2022 is
         accepted.

         2) The entry of the said shall be taken in Schedule-1
         of Public Trust register for the tenure 2022 to 2027.”


13.     Perusal of the Change Report which has been annexed to the

Anticipatory Bail Application shows that the Reporting Trustee is

Dhananjay Ashokrao Hire, whereas the Order which has been

passed by the Assistant Charity Commissioner shows that the

Reporting Trustee is the Applicant i.e. Mr. Sharad Dayaram Shinde

for reporting change for the period of 2022-2027.


14.     Thus, it is very clear that not only the Applicant has annexed

forged and fabricated documents to the Anticipatory Bail

Application to contend that he is not the Chairman and Member of

the Executive Committee of the Trust for the period of 2022-2027

but again created forged and fabricated document purported to be

certified copy of Change Report and sent the same to the learned

Advocate appearing for the Applicant on WhatsApp. As noted

earlier, the same is taken on record and marked “Y” for

identification.


15.     Learned Additional Public Prosecutor has pointed out




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statements of various staff members of the three Education

Institutions managed by the said Trust stating that all these

appointments of teaching/non-teachings staff were made between

the period of 2022-2024 and that the Applicant is the Chairman of

the said Trust.


16.     This is a case where, prima facie, about 32 teaching/non-

teaching staff have been appointed from the period of 2022-2024

and most of them have been shown to be appointed from the years

2011-2012 and by making such false claim, the salaries of these

teachers/non-teaching staff have been claimed from the years

2011-2012 and in such manner aggregate salaries paid to these

teachers/non-teaching staff are to the extent of Rs.3,66,22,103/-

(Rupees Three Crore Sixty-Six Lakh Twenty-Two Thousand One

Hundred Three Only). The said arrears of salaries have been paid

by the State Government.


17.     It is significant to note that during investigation the

statements of various staff members of these three Schools were

recorded which shows that the Applicant has taken several blank

cheques from these teaching/non-teaching staff and on the basis of




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such blank cheques various huge amounts have been credited to

the accounts of his relatives.


18.     It is further significant to note that during investigation

‘Inward/Outward’ register maintained by the Deputy Director has

been seized and the same is in the Police Station. During

investigation, it transpired that the Applicant had visited the Police

Station and with the active cooperation of Mr. Ashok Giri, Senior

Police Inspector of Nashik Road Police Station has made changes in

the said registers by inserting some entries to show that Shalarth

Orders are of the year 2021 and were received by the said Trust.

The relevant screenshots of the CCTV footage show that said Ashok

Giri, who was at the relevant time Senior Police Inspector and now

who has been made an accused ensured that the said register was

taken to the ante-chamber. Thereafter, the Applicant went to the

ante-chamber on 4th June 2025 at 15.56.55 and he was in the

ante-chamber till 16.46.07 i.e. for more than about 50 minutes.


19.     The relevant screenshots of CCTV footage as produced by

the learned Additional PP are scanned and reproduced herein

below for ready reference:




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20.     Although it is the contention of learned Senior Counsel that

the Applicant went to the Police Station for making enquiry as

there were press reports regarding filing of the police complaints

against the Trust, however, he could not explain why the Applicant

went to the ante-chamber, why the said register was taken to the

ante-chamber and why the Applicant was in the ante-chamber for

almost about 51 minutes.


21.     Learned Additional PP has also produced said original

Inward/Outward Register showing the new entries made and also

pointed out the statement of Sandeep Shamsundar Pawar, Police

Hawaldar, stating that these entries were written in the said

register in the ante-chamber.


22.     Thus, this is a very serious case where the teachers who have

been appointed in illegal manner in the years 2022-2024, have

been shown to be appointed from the years 2011-2012 and their

salaries have been claimed from the years 2011-2012 and huge

amount of Rs.3,66,22,103/- (Rupees Three Crore Sixty-Six Lakh

Twenty-Two Thousand One Hundred Three Only) has been paid to

these teachers/non-teaching staff by the State Government. Huge




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amount out of the said salaries received by these teachers/non-

teaching staff have been transferred to the account of various

relatives of the Applicant, by using the blank cheques which these

teachers/non-teaching staff have given to the Applicant. Forged

and fabricated documents are annexed to the Anticipatory Bail

Application. Forged and fabricated document showing to be the

certified copy of the Change Report is created and sent today by

WhatsApp to the learned Advocate on record of the Applicant and

the same is purported to be a certified copy of the Change Report.

However, the same is forged and fabricated can be seen from the

Order     which    has     been   passed     by   the   Assistant   Charity

Commissioner as in the said Order the Applicant is the Reporting

Trustee, whereas the Change Report on which the Applicant has

relied (Pages 54-55 and Page 58 of Anticipatory Bail Application)

and Exhibit-Y shows that the Reporting Trustee is said Dhananjay

Ashokrao Hire. Thus, it is clear that the Applicant is relying on

forged and fabricated document.


23.     The Supreme Court in the decision of State Rep. by the C.B.I.

v. Anil Sharma 1, has held that the custodial interrogation is


1       (1997) 7 SCC 187




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qualitatively more elicitation-oriented than questioning a suspect

who is well ensconced with a favourable order under Section 438

of the Code of Criminal Procedure, 1973 i.e. Section 482 of BNSS.

The effective interrogation of suspected person is of tremendous

advantage in disinterring many useful information and also

materials which would have been concealed. Success in such

interrogation would elude if the suspected person knows that he is

well protected and insulted by a pre-arrest bail during the time he

interrogated. The said observations of the Supreme Court are

squarely applicable to the present case. Thus, for effective

interrogation     of   Applicant    in   this   serious   case,   custodial

interrogation is necessary.



24.     It is settled legal position that grant of anticipatory bail is

very extraordinary remedy. The said power is not to be used in

regular course.



25.     Accordingly, the Anticipatory Bail Application is dismissed.

The ad-interim protection granted to the Applicant stands vacated

forthwith.


26.     Ms. Deshmukh, learned Additional PP, states that, by looking




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to the magnitude of the crime and as more than such 1,000

teaching/non-teaching staffs have been appointed in many

Educational Institutions in the State of Maharashtra during the

period of 2022-2024 by making show of their appointments from

earlier period of about more than 10 years and as there are

number of Accused are involved, the Director General of Police,

Maharashtra State has issued detail instructions for thorough and

comprehensive investigation.


27.     Thus, in the facts and circumstances, no case is made out for

grant of anticipatory bail.


28.     The Anticipatory Bail Application is rejected.


29.     It is clarified that the observations made in this Order are

only prima facie observations made for the purpose of deciding the

Anticipatory Bail Application. The Trial Court shall decide the case

on its merits, uninfluenced by the prima facie observations made in

this Order.




                                            [MADHAV J. JAMDAR, J.]




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