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Bombay High Court

DEEPAK MOTILAL KOLIversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the accused with conditions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Deepak Motilal Koli, who was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for alleged cheating, forgery, and fraud involving over Rs. 2 crore. The applicant had been in custody for nearly two years without the trial commencing, and the prosecution reported recovery of 27 fixed deposit receipts amounting to approximately Rs. 1.43 crore, though no monetary recovery was confirmed. The court examined whether continued detention was justified given the length of custody, the nature of the offences, and the partial recovery of assets. It noted the prosecution’s failure to submit a forensic mobile phone report and the lack of any substantial monetary recovery. Concluding that the applicant could not be held indefinitely, the court granted bail with a personal bond of Rs. 50,000 and several conditions, including monthly reporting to the investigating officer and non‑interference with witnesses. The bail order was disposed of on these terms.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the seriousness of the offences and the length of pre‑trial detention.
  • Whether the partial recovery of fixed deposit receipts and the absence of monetary recovery affect the bail decision.
  • Whether the prosecution’s failure to produce a forensic mobile‑phone report warrants bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • fraud
  • forgery
  • cheating
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • fixed deposit recovery
  • court conditions

Judgment

                                                                             31. BA-3444-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                               BAIL APPLICATION NO. 3444 OF 2026

           Deepak Motilal Koli                                         .. Applicant
                      Versus
           State of Maharashtra                                        .. Respondent
                                     ....................
            Ms. Sana Raees Khan i/by SRK Legal, Advocates for Applicant
            Ms. Anuja S. Gotad, APP for State
                                              ...................
                                             CORAM : MILIND N. JADHAV, J.
                                             DATE          : OCTOBER 5, 2026
           P. C.:

           1.       Heard Ms. Khan, learned Advocate for Applicant and Ms. Gotad,

           learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 298

           of 2024 registered with Sarkarwada Police Station, Nashik for the

           offences punishable under Sections 316(5), 318(4), 319(1), 336(2),

           338, 336(3) and 340(2) of Bharatiya Nyaya Sanhita (BNS), 2023.


           3.       On 09.09.2026 and 26.09.2026, following orders came to be

           passed:-


           Order dated 09.09.2026:-

                    1.     Heard Ms. Khan, learned Advocate for Applicant and Ms. Phad,
                    learned APP for State.
                    2.     The positive case of the Applicant before me, who has been indicted
                    in a crime for cheating and forgery is that out of the Rs. 2.12 crores

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     siphoned off by him, an amount of Rs. 1.42 crores has been recovered
     pertaining to 27 fixed deposit receipts.
     3.    Ms. Khan has drawn my attention to the report appended at page
     No. 21 of Application. Prima facie reading of that report does not show
     whether recovery has been effected or otherwise.
     4.      I direct the learned APP to intimate to the Court the recovery of any
     amount from the Applicant as what is read by Ms. Khan is about, recovery
     of 27 fixed deposit receipts and the amounts pertaining thereto Prosecutor
     shall apprise Court about the amount of money lying in the attached bank
     accounts belonging to the Applicant as on date so that the present Bail
     Application can be considered on the next adjourned date.
     5.     Stand over to 11th September, 2026 under the caption "Part-Heard".




Order dated 21.09.2026:-

     1.     Heard Mr. Jain, learned Advocate for Applicant and Mr. Palkar,
     learned APP for State.
     2.     The indictment of the Applicant - sole accused in the present crime
     is on the basis that he has fraudulently channelled and siphoned off Rs.
     2.06 crores of insurance insurance amounts by virtue of forging 103 fake
     nominees / legal heirs and preparing forged fixed deposit receipts.
     3.     It is surprising that Applicant alone has been indicted especially
     when he has been a manager of Punjab National Bank without the checks
     and balances employed by the bank for such issues. For the past more than
     1 year 10 months, the Applicant is in jail and the trial has not begun. The
     prosecution is directed to inform the Court about any recovery having been
     made from the Applicant with regard to the money which has been alleged
     to have been siphoned off. Fake deposit certificates have been recovered,
     but that does not amount to recovery of any money. Applicant cannot be
     held indefinitely in detention. The forensic report has not been submitted
     by the prosecution for the past more than 2 years of the mobile phone. The
     prosecution is directed to submit the same to the Court on the next
     adjourned date.
     4.     Stand over to 5th October, 2026 under the caption "First on Board".

4.   Carrying on further, learned APP on instructions would submit

that what is delineated in the order dated 09.09.2026 appears to be

true and correct.     According to her instruction, 27 Fixed Deposit

Receipts totalling to Rs. 1.43 crores (approximately) have been



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recovered by the prosecution. In that view of the matter and what is

delineated in the subsequent order dated 21.09.2026, no custodial

interrogation of the Applicant is required. Hence, I am inclined to

allow the present Application. In view thereof, Applicant is released on

bail on the following terms and conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with C.R. No. 298 of 2024;

          (ii) Applicant is directed to be released on bail on

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

                Thousand only) with one or two sureties in the like

                amount;

          (iii) Applicant shall report to the Investigating Officer at

                Sarkarwada Police Station, Nashik once every month on

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

                12:00 p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted      and   will   not   take   any    unnecessary

                adjournments, if he does so it will entitle the

                prosecution to apply for revocation of this order;

          (v) Applicant shall not leave the State of Maharashtra

                without prior permission of the Trial Court;


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                             (vi) Applicant shall not influence any of the witnesses or

                                         tamper with the evidence in any manner;

                             (vii) Applicant shall keep the Investigating Officer informed

                                         of his current address and mobile contact number and /

                                         or change of residence or mobile details, if any, from

                                         time to time, as applicable; and

                             (viii)Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           5.       Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           6.       Bail Application is allowed and disposed of in the above terms.



Amberkar                                                        [ MILIND N. JADHAV, J. ]

                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.10.05
                      15:49:29
                      +0530




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