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Bombay High Court

FAIYYAZ ALTAF DESHMUKHversusTHE STATE OF MAHARASHTRA

Disposal
DISMISSED

Holding

The Court held that the FIR is maintainable despite the cooperative society Act and that arbitration cannot bar criminal prosecution, thus denying anticipatory bail.

Summary

The applicant, a bank manager, filed an anticipatory bail application claiming that the Multi State Cooperative Societies Act, particularly sections 83, 84 and 104, rendered the FIR against him untenable and that any dispute should be resolved by arbitration under the Act. He further argued that he was ready to deposit Rs. 7,00,000 allegedly mis‑appropriated and therefore deserved interim protection. The State opposed the relief, contending that the FIR contains specific allegations of mis‑appropriation, an economic offence, and that the applicant holds a position of trust. The Court held that the existence of a prima facie case under criminal law is not barred by the cooperative society Act’s recovery procedures and that arbitration provisions cannot shield a person from criminal prosecution. Consequently, the Court refused interim bail and dismissed the anticipatory bail application.

Issues considered

  • Whether the provisions of the Multi State Cooperative Societies Act (ss. 83, 84, 104) preclude the filing of an FIR for alleged mis‑appropriation by a bank officer.
  • Whether the dispute must be referred to arbitration under the Act, thereby barring criminal proceedings.
  • Whether the applicant is entitled to anticipatory bail and interim protection in view of the prima facie allegations of economic offence.

Legislation cited

  • Multi State Cooperative Societies Act — s. 104, 83, 84

Subjects

  • anticipatory bail
  • FIR
  • Multi State Cooperative Societies Act
  • arbitration
  • economic offence
  • misappropriation
  • interim relief

Judgment

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                                                       aba1724.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     901 ANTICIPATORY BAIL APPLICATION NO. 1724 OF 2026

Faiyyaz Altaf Deshmukh                           ….Applicant

VERSUS

The State of Maharashtra                         …..Respondent

Mr. Siddique Zeeshan Tehseen, Advocate for Applicant
Mr. A. R. Kale, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 8th SEPTEMBER, 2026.
PER COURT :


1.    Learned Counsel for Applicant seeks interim relief. In support

of his submissions, it is his contention that since the provisions of

Multi State Cooperative Societies Act are applicable to the present

case, in view of provisions of Sections 83, 84 and 104 of the Act, the

present First Information Report itself is not tenable.     In order to

support said submission, it is his further argument that in case of

recovery of any money due from any officer of Multi State Cooperative

Society/bank, it is open for the bank to adopt the procedure as laid

down by Sections 83 and 84 of the Act.        In such circumstances,

according to him, question of First Information Report being held

maintainable does not arise.     It is further argued that in view of

statutory provisions of arbitration in the said act, parties must go for
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                                                       aba1724.26.odt

the arbitration and no offence would be tenable. It is his submission

that even if the allegations against the Applicant are accepted to be

true, this is not a case of custodial interrogation of the Applicant and

he makes a statement on instructions that the Applicant is ready to

deposit sum of Rs. 7,00,000/- which is allegedly yet to be paid by the

Applicant.    It is his submission that the Applicant is ready to

cooperate in the investigation and as such, he is entitled for interim

protection.



2.    Learned APP opposed grant of any interim protection to the

Applicant.



3.    Prima facie perusal of the record more particularly First

Information Report clearly indicates that there are specific allegations

against the present Applicant, who is the Manager of the Bank, of

commission of act of mis-appropriation.      Needless to say that the

employees of the bank more particularly officer who is working as a

Manager holds the post of trust. Undeniably, the offence in question

is an economic offence and has to be dealt with all seriousness.
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                                                          aba1724.26.odt

4.    This is not a case wherein apparently there is reason to believe

that this could be a case of false implication. Merely because there

are provisions under the Multi State Cooperative Societies Act

prescribing    procedure    for   recovery   of   money   due   from   the

employee/officer, lodging of the First Information Report in respect of

penal offences is not precluded when prima facie offence is made out

against any person.



5.    As far as contention of learned Counsel for the Applicant with

regard to provisions of arbitration under the said Act is concerned,

this Court finds no justification to agree with the said contention for

the simple reason that arbitration can be in respect of the matters

covered by the said Act and not in respect of offences under penal

laws. The offences prescribed therein are offences under the said Act

and not under Indian Penal Code of Bharatiya Nyaya Sanhita. Prima

facie, this Court finds the complicity of Applicant in this crime and

substance in the contention of learned APP that this case requires

custodial interrogation of Applicant. Merely because Applicant now

proposes to deposit amount of mis-appropriation, he is not entitled

for any relief at this stage.
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                                                       aba1724.26.odt

6.    In view of the above, this Court is not inclined to grant any

interim relief to the Applicant.   Since interim relief is refused, the

Court has no other option but to reject the entire application. Hence,

application stands dismissed.


                                                 ( R. M. JOSHI, J.)

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