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Bombay High Court

SURAJ MACCHINDRA MAHADIK AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The Court allowed the bail application, holding that the applicants' continued detention was unwarranted given the documentary nature of the evidence, the completed investigation, and the ability to secure their attendance through conditions.

Summary

Suraj and Kiran Mahadik, agricultural borrowers, were arrested for alleged diversion of a Rs 50 lakh loan sanctioned under a cooperative society, facing charges under IPC sections 409, 420 and 34, and Section 3 of the Maharashtra Protection of Interest of Depositors Act. The Special Court had denied their bail, but the High Court examined whether the seriousness of the offences, the applicants' role as borrowers rather than society directors, and the length of their pre‑trial detention warranted continued custody. The Court noted that the evidence was largely documentary, the investigation was complete, and no attempt to tamper with witnesses had been shown. It also considered that other co‑accused had been released on bail under similar circumstances. Concluding that their continued detention for seventeen months was unwarranted, the Court granted regular bail with strict conditions to safeguard the trial and evidence.

Issues considered

  • Whether bail should be granted to the accused in offences punishable under IPC sections 409, 420, 34 and MPID Act section 3 despite the seriousness of the alleged fraud.
  • Whether the applicants' status as borrowers, not directors, affects the bail decision.
  • Whether prior bail orders to co‑accused create a binding precedent for the applicants.
  • Whether the length of pre‑trial detention and the nature of the evidence justify continued custody.

Legislation cited

Subjects

  • bail
  • IPC 409
  • IPC 420
  • MPID Act
  • financial fraud
  • loan diversion
  • pre‑trial detention
  • criminal procedure

Judgment

                                 1                         BA1461.2026.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                  BAIL APPLICATION NO. 1461 OF 2026

1.    Suraj Macchindra Mahadik,
      Age : 34 years, Occu. Agriculture,

2.    Kiran Macchindra Mahadik,
      Age : 37 years, Occu. Agriculture,

      Both R/o. Ukkadgaon, Tq. Shrigonda,
      District Ahilyanagar (Ahmednagar),
      (The applicants are in jail).                      ...Applicants

      Versus

The State of Maharashtra                                 ...Respondent

                                  ……..
Mr. V. D. Hon, Sr. Counsel a/w Mr. Shubham Kote, Advocate i/b Mr. A. V.
                    Hon – Advocate for the Applicants
                    Mr. S. V. Hange – APP for the State
                                  ……..


                           CORAM :    HITEN S. VENEGAVKAR, J.

                           DATED :    21ST SEPTEMBER, 2026

ORDER : -


1.             The Applicants, Suraj Macchindra Mahadik and Kiran

Macchindra Mahadik, seek regular bail in Crime No. 532 of 2024,

registered with Parner Police Station, District Ahilyanagar, for offences

punishable under Sections 409 and 420 read with Section 34 of the

Indian Penal Code [For short “IPC”], and Section 3 of the Maharashtra

Protection of Interest of Depositors (in Financial Establishments) Act,
                                 2                         BA1461.2026.odt

1999 [In short “MPID”]. Both Applicants were arrested on 5 th April

2025. Their bail application was rejected by the learned Special Court

on 24th June 2026.


2.          The informant had deposited Rs. 9.00 lakh with Raje

Shivaji Gramin Bigarsheti Sahakari Patsanstha Maryadit. According to

the prosecution, the society failed to repay deposits on maturity. An

examination of its records disclosed irregular loan transactions and

alleged diversion of funds, causing an overall loss said to be Rs.

66,69,03,228/-. The Applicants were subsequently named in a

supplementary charge-sheet. The allegation specific to each of them is

that a loan of Rs. 50.00 lakh was sanctioned in his name for agricultural

improvement, but the amount was directed to the account of Raichand

Kisan Wakhare instead of being used for that purpose.


3.          Learned Senior Counsel for the Applicants submits that they

are borrowers, and neither members of the Managing Committee nor

persons ARE conducting the society’s affairs. He relies on a registered

mortgage and a valuation report concerning their property. He submits

that the investigation is complete, the material is documentary, and the

applicants have remained in custody since 5th April 2025. Reliance is

also placed on the bail granted to co-accused Raju Baburao Katore by

this Court and to Popat Bolhaji Dhawle and another co-accused by the

Supreme Court. He further refers to the death of Kiran’s two children in
                                  3                       BA1461.2026.odt

an accident and submits that Kiran complied with the conditions of

temporary bail granted thereafter.


4.          Learned APP opposes the Application. The prosecution

alleges a wider arrangement in which loans were sanctioned in the

names of connected persons and society funds were diverted. It is

submitted that the existence of a mortgage does not explain the transfer

of the loan proceeds to a third party, and that the scale of the alleged

loss to depositors, the Applicants’ participation and the possibility of

interference with witnesses weigh against bail.


5.          The accusation is serious. The Applicants cannot answer the

allegation of diversion merely by showing that property was mortgaged:

whether the security was adequate and genuine, whether the transfer

instructions were given by them, and whether they acted in concert with

those managing the society require examination at trial. Equally, the

material presently identified against these Applicants must be assessed

according to their own alleged acts. The charge-sheet passage

concerning them describes them as borrowers and identifies the alleged

transfer of ₹50 lakh in each case. The order under challenge repeatedly

proceeds on the footing that they were Directors of the Society, without

identifying material establishing that position. That distinction matters

when considering their role; it does not foreclose the prosecution from

proving common intention or participation in the alleged transactions.
                                  4                         BA1461.2026.odt




6.          The applicability of Section 3 of the MPID Act to the

Applicants, and the ingredients of the IPC offences, must be decided on

the evidence. No final finding on those questions is necessary for bail.

Nor does bail granted to another accused create an automatic

entitlement: the respective roles and the circumstances of those orders

must be considered. The orders placed on record nevertheless show that

other accused in this crime have been released, including Popat Dhawle

by the Supreme Court on 30th April 2026, after consideration of his

incarceration and the bail granted to a similarly situated co-accused.


7.          The investigation against these Applicants is complete and

the Charge-sheet has been filed. The Special Court’s order records 36

prosecution witnesses and none examined as of 24 th June 2026. The

Applicants have been in custody for approximately seventeen months.

The evidence concerning the loan sanctions, mortgage and transfers is

substantially documentary and has been collected. No specific instance

of an attempt by either applicants to influence a witness has been

brought to notice. In these circumstances, their continued detention

pending a trial, involving numerous witnesses is unwarranted. The

prosecution’s concerns can be addressed by conditions securing their

attendance and protecting the evidence. Kiran’s family circumstances are

noted, although the decision rests principally on the applicants’
                                      5                       BA1461.2026.odt

individual roles, the stage of the case and the length of custody. Hence, I

pass the following order: -


                                      ORDER


      (i)     The Application is allowed.

      (ii)    Applicants,     Suraj    Macchindra   Mahadik     and    Kiran
      Macchindra Mahadik, shall each be released on bail in Crime No.
      532 of 2024, registered with Parner Police Station, District
      Ahilyanagar, for offences punishable under Sections 409 and 420
      read with Section 34 of the Indian Penal Code, and Section 3 of
      the Maharashtra Protection of Interest of Depositors (in Financial
      Establishments) Act, 1999, on executing a personal bond of
      Rs.50,000/- each with one or two sureties in the like amount, to
      the satisfaction of the Special Court.

      (iii)   The Applicants shall attend every date of trial, unless
      exempted by the Special Court.

      (iv)    The Applicants shall furnish their current residential
      addresses and mobile numbers to the Investigating Officer and
      the Special Court.

      (v)     The Applicants shall promptly report any change in their
      residential address or mobile number to the Investigating Officer
      and the Special Court.

      (vi)    The Applicants shall not, directly or indirectly, contact,
      threaten or induce any prosecution witness.

      (vii) The Applicants shall not tamper with the society's records
      or any other evidence.
                                                                  6                         BA1461.2026.odt

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

                                      (ix)   The Applicants shall surrender their passports, if any, to the
                                      Special Court.


                             8.              Breach of any of the aforesaid conditions shall entitle the

                             prosecution to seek cancellation of bail.


                             9.              Nothing observed in this order shall influence the trial,

                             which shall proceed independently on the basis of the evidence adduced

                             before the Trial Court.




                                                                         [ HITEN S. VENEGAVKAR ]
                                                                                  JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/09/2026 16:02:48


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