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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 319(1), 336(2), 336(3), 338, 340(2)
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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