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Bombay High Court

KANTILAL S/O BALASO HOLKARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

On a prima facie assessment, the court held that there was insufficient evidence to link the directors directly to the alleged fraud and consequently granted bail subject to conditions.

Summary

The High Court considered three bail applications filed by directors of Anand Nagari Sahakari Patsanstha Maryadit, who were alleged to have sanctioned large loans amounting to Rs. 27 crore to the principal accused and his companies. The prosecution alleged that the directors, by signing board resolutions, were complicit in the fraud, while the intervenors claimed joint and several liability. The court examined the statutory audit report and found no direct evidence that the applicants benefited from the loans or were involved in the alleged misappropriation. Relying on the lack of prima facie incriminating material against the directors, the court granted bail to all three applicants subject to strict conditions. The order expressly limited its observations to bail and reserved the trial to determine the merits of the case.

Issues considered

  • Whether the directors of the cooperative society are prima facie implicated in the alleged loan fraud and thus ineligible for bail.
  • Whether the intervenors' allegations of joint conspiracy affect the grant of bail to the directors.
  • Whether bail can be granted under the Criminal Procedure Code considering the nature of the offence and risk of tampering with evidence.

Subjects

  • bail
  • loan fraud
  • cooperative society
  • directors
  • criminal procedure
  • prima facie evidence
  • Maharashtra

Judgment

                                                                18. BA 3133-2026 (common order).doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 3133 OF 2026

                      Deepali Manoj Tated                                        .Applicant

                               Vs.

                      The State of Maharashtra                                   .Respondent

                                                      WITH
                                      INTERIM APPLICATION NO. 2881 OF 2026
ANAND                                                  IN
SUDHAKAR
SUDAME                                  BAIL APPLICATION NO. 3133 OF 2026
Digitally signed by
ANAND SUDHAKAR

                      Naina Deval Shah & ors.                                    .Intervenors
SUDAME
Date: 2026.09.02
20:18:13 +0530



                      IN THE MATTER BETWEEN

                      Deepali Manoj Tated                                        .Applicant

                                Vs.

                      The State of Maharashtra                                   .Respondent

                                                      WITH
                                        BAIL APPLICATION NO. 2999 OF 2026

                      Kantilal S/o. Balaso Holkar                                .Applicant

                                  Vs.

                      The State of Maharashtra                                   .Respondent

                                                      WITH
                                        BAIL APPLICATION NO. 3136 OF 2026

                      Bharatkumar Ratanlal Chordiya                              .Applicant

                                 Vs.

                      The State of Maharashtra                                   .Respondent
                      Anand                            1 of 9
                                             18. BA 3133-2026 (common order).doc

                                WITH
                INTERIM APPLICATION NO. 2880 OF 2026
                                 IN
                  BAIL APPLICATION NO. 3136 OF 2026

Naina Deval Shah & ors.                                       .Intervenors

IN THE MATTER BETWEEN

Bharatkumar Ratanlal Chordiya                                 .Applicant

             Vs.

The State of Maharashtra                                      .Respondent

Mr. Aabad Ponda, Senior Advocate a/w. Mr. Abhay Dhadiwal &
Mr. Rohit Jain i/b. Jayakar and Partners, for the Applicant in
B.A.No.3136 of 2026

Mr. Abhay Dhadiwal a/w. Mr. Rohit Jain i/b. Jayakar and Partners,
Advocates, for the Applicant in B.A.No. 3133 of 2026

Mr. Kuldeep Patil a/w. Mr. Digvijay S. Kachare and Mr. Anay Joshi i/b.
Akshara Madake, for the Applicant in B. A. No. 2999 of 2026

Mr. Ronak Shah a/w. Mr. Viraj Shelatkar, Mr. Mohanish Satwilkar,
Advocates, for the Intervenors

Mr. Yogesh M. Nakhawa, APP, for the Respondent – State

Mr. Vinod Patil, PI, Shirur Police Station, Pune (Rural) present

Mr. B. K. Bhawar, H.C./2336, Shirur Police Station, Pune (Rural)
present

                    CORAM : MILIND N. JADHAV, J.

                    DATE      : 01.09.2026
P. C.

1.      This is a group of three Bail Applications. B. A. No. 3136 of 2026

is filed by Accused No. 16. Mr. Ponda, learned Senior Counsel
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represents the Applicant in this matter. B. A. No. 2999 of 2026 is filed

by Accused No. 21. Mr. Patil, learned Counsel represents the Applicant

in this matter, whereas B. A. No. 3133 of 2026 is filed by Accused No.

19. Mr. Dhadiwal, learned Counsel represents the Applicant in this

matter. The facts are common. All the three Applicants before me are

the Directors of Anand Nagari Sahakari Patsanstha Maryadit, Shirur,

District – Pune rather were Directors between 2012 and 2022 as

argued by them. The prosecution case stems out from the fact that

these Directors, being in-charge of affairs of the Anand Nagari Sahakari

Patsanstha Maryadit, Shirur, District – Pune passed two tharavs, one in

the year 2013 for Rs. 25,00,000/- in giving the said amount to the

Accused No. 1 namely the Chairman of the said Patsanstha rather his

Company – Megh Hans Trading Company. In the next two years, since

the said loan amount disbursed could not be recovered and repaid, it

swelled up to Rs.8.00/- Crores upon which the Directors of the

Company granted an over draft on the fixed deposits which were there

in the Company and passed a second tharav for Rs. 25,00,000/-

pursuant to which the amount thereafter, swelled to Rs. 16/- Crores

due to non-payment. It is the prosecution case that all 26 Directors,

thereafter, agreed to sign the Minutes and Resolution and give a loan

of Rs. 27/- Crores to offset the aforesaid twin amounts to the Accused

No. 1 which was received by Accused No. 1 and his Companies. There
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                                           18. BA 3133-2026 (common order).doc

was a default thereafter but it is equally pleaded and shown that

Accused No. 1 in the interregnum had refunded and redeposited back

approximately Rs.11/- Crores, out of Rs.25/- Crores which also needs

to be taken into account. Applicants before me are the Directors of the

said Patsanstha. Accused No. 1 is the principal Accused. These

Directors were not named in the FIR dated 09.07.2024 filed by the

prosecution.   But pursuant to subsequent investigation, have been

indicted solely on the basis that they were the Directors between 2012

and 2022, during which the aforesaid two tharavs and the sanction to

give loan was signed by the said Directors by virtue of the Resolution

passed by the Board of Directors which is heavily relied upon by the

prosecution. The only role attributed to the three Applicants as

Directors is that they have signed the board Resolution of the meetings

held on 31.12.2013 and 31.01.2020 when the aforementioned loan

amount of Rs. 27/- Crores was sanctioned. Another argument put forth

by prosecution is to the effect that they had attended the board

meetings and therefore, were an integral part and parcel for

sanctioning of the loan and probably even signatories to the said loans.

To the extent of the Applicants having received any amounts, it is

prima facie answered by the prosecution that save and except, Accused

No.1 and Accused No.2, none of the Applicants before me were

beneficiaries of the amounts. This is the stated position. The
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                                           18. BA 3133-2026 (common order).doc

Intervenors duly represented by Advocate Mr. Shah would, however,

argue that the Applicants are jointly and severally responsible for the

present state of affairs of the Patsanstha in view of a common

conspiracy by them with Accused No. 1 and they having in the

interregnum withdrawn an amount of approximately Rs. 15/- Crores

from the Patsanstha. On a pointed question being asked to the

prosecution with regard to the submissions made by Mr. Shah, learned

Counsel on behalf of the Intervenors, the prosecution has informed the

Court that the withdrawal of the amounts by these Directors were with

regard to the deposits made by them. In that view of the matter, insofar

as the submissions made by learned Counsel for the Intervenors is

concerned, that would ultimately be a matter for trial and cannot be

considered at the bail stage. For the purpose of granting bail and to

prima facie see the complicity of the Applicants, the Intervenors have

heavily relied upon the Statutory Audit Report appended at page 252

of the Petition. Mr. Shah would vehemently submit that indictment of

the Applicants as Directors and in-charge of the Patsanstha and its

affairs has been taken cognizance of in the said Statutory Audit Report.

However, according to the Applicants, insofar as the Directors of the

Company apart from the principal Accused persons are concerned, they

have been given a clean chit which is prima facie evident from the

answer given to a question     at page 252. Mr. Ponda has taken me
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                                             18. BA 3133-2026 (common order).doc

through the same. This Statutory Audit Report is dated 24.01.2024 and

it is placed on record. Prima facie no direct role of the Applicants

having been shown to the Court nor the prosecution having established

that the Applicants were beneficiaries of any amounts with regard to

the two tharavs as also the sanction of loan of Rs. 27/- Crores by the

Patsanstha in favour of Accused No. 1 and his firms - Megh Hans

Trading Company and Meghraj Hansraj And Sons i. e. the twin firms

belonging to Accused Nos. 1 & 2, I am inclined to consider the case of

the Applicants for grant of bail. The Applicants shall undoubtedly

co-operate with the investigation carried out by the prosecution as and

when called for. All the Applicants have made out a case for grant of

bail and they all are granted bail in their respective Applications on the

following terms and conditions :-

2.      Hence, in view of above prima facie observations and finding,

Bail Applications of the Applicants are allowed subject to the following

terms and conditions :-

           (i)   Applicant – Deepali Manoj Tated is directed to be

                 immediately released from prison in connection with

                 CR. No. 0626 of 2024;


           (ii) Applicant – Kantilal Balaso Holkar is directed to be

                 immediately released from prison in connection with


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                                         18. BA 3133-2026 (common order).doc

            CR. No. 0626 of 2024;


        (iii) Applicant – Bharatkumar Ratanlal Chordiya is directed

            to be immediately released from prison in connection

            with CR. No. 0626 of 2024;


        (iv) All three Applicants are directed to be released on bail

            on furnishing P. R. Bond of Rs.50,000/- each (Rs. Fifty

            Thousand only) with one or two sureties in the like

            amount;


        (v) All three Applicants shall report to the Investigating

            Officer at Shirur Police Station, Pune, once every month,

            on the first Monday of the month between 10:00 a.m. to

            12:00 p.m. until commencement of trial and thereafter

            shall attend all dates of hearing before the Trial Court;


        (vi) The Applicants shall co-operate with the conduct of the

            trial and remain present before the Trial Court on all

            dates, unless specifically exempted. The Applicants shall

            not seek unnecessary adjournments. Any such conduct

            shall entitle the prosecution to apply for cancellation of

            bail;


        (vii) The Applicants shall not leave the country without the


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                                              18. BA 3133-2026 (common order).doc

                 prior permission of the Trial Court and shall deposit

                 their passports with the Trial Court;


           (viii) The Applicants shall not influence any of the witnesses

                 or tamper with the evidence in any manner;


           (ix) The Applicants shall keep the Investigating Officer

                 informed of their current residential addresses and

                 mobile telephone numbers and shall forthwith inform

                 the Investigating Officer of any change in their

                 residential addresses or mobile telephone numbers, as

                 and when such change occurs; and


           (x) Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicants.


3.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


4.      All three Bail Application Nos. 3133 of 2026, 2999 of 2026 and


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                                         18. BA 3133-2026 (common order).doc

3136 of 2026 are allowed and disposed of in the above terms. Interim

Application Nos. 2881 of 2026 and 2880 of 2026 are also accordingly

disposed of.




                                                (MILIND N. JADHAV, J.)




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