Created by Fuzzy Cloud

Bombay High Court

MANOJ POPATRAV MUSUDAGEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant on the ground that there is no prima facie evidence of his direct involvement or benefit, applying the parity principle from the Desarda precedent.

Summary

The High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by Manoj Popatrao Musudage, a director of a company that had granted a Rs.27‑crore loan to the principal accused. He was charged with offences under IPC sections 409, 420, 467, 468, 471, 120B (r/w 34) and under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999. The prosecution could not demonstrate that the applicant benefited from the alleged crime or participated in a conspiracy. Relying on the precedent set in Ujjwala Tarachand Desarda v. State of Maharashtra (B.A. No. 3530 of 2026), the court held that, on parity, the applicant was entitled to bail. The bail was granted subject to a personal bond of Rs.50,000, sureties, reporting requirements, and other conditions. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether the applicant, as a director who signed loan documents, is prima facie liable for the offences alleged against the principal accused.
  • Whether bail can be granted under Section 483 of the BNSS given the nature of the charges and the applicant's alleged role.
  • Whether the precedent of Ujjwala Tarachand Desarda v. State of Maharashtra is applicable to the present facts.

Legislation cited

Subjects

  • bail
  • director liability
  • loan fraud
  • criminal conspiracy
  • BNSS
  • IPC
  • MPID Act
  • prima facie
  • precedent

Judgment

                                                                          10. BA 3622-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                        BAIL APPLICATION NO. 3622 OF 2026

                      Manoj Popatrao Musudage                         .Applicant

                                  Vs.

ANAND
                      The State of Maharashtra                        .Respondent
SUDHAKAR
SUDAME                Mr. Abhay Dhadiwal a/w. Mr. Rohit Jain i/b. Jayakar & Partners,
Digitally signed by   Advocates, for the Applicant
ANAND SUDHAKAR
SUDAME
Date: 2026.09.30
                      Mr. S. K. Karmakar, APP, for the Respondent – State
12:37:37 +0530

                                         CORAM : MILIND N. JADHAV, J.

                                         DATE    : 28.09.2026
                      P. C.

                      1.      Heard Mr. Dhadiwal, learned Counsel for the Applicant and

                      Mr. Karmakar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 626 of 2024 registered with Shirur Police Station, Pune for

                      offences punishable under Sections 409, 420, 467, 468, 471, 120B r/w.

                      34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the

                      Maharashtra Protection of Interest of Depositors Act, 1999 (for short

                      “MPID Act”).

                      3.      The Applicant before me happens to be a Director of the

                      Patsanstha/Company which passed the two tharavs and granted loan of

                      Anand                           1 of 4
                                                           10. BA 3622-2026.doc

Rs.27/- Crores to the principal Accused No. 1. The present Applicant,

being Director was the signatory to both the tharavas. However, the

role of the Applicant ended over there and the prosecution has not

been able to show whether the Applicant was a beneficiary with regard

to any of the proceeds of crime or that he was involved in a direct

conspiracy with Accused No.1. The case of the Applicant is prima facie

covered by the decision of this Court in the case of Ujjwala Tarachand

Desarda vs. State of Maharashtra delivered on 21.09.2026 in B. A. No.

3530 of 2026. The role of the Applicant, being a Director is the same

and hence, on parity, the Applicant is released on bail.

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

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Manoj Popatrav Musudage is directed to be

                 immediately released from prison in connection with

                 CR. No. 626 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 of the like amount;


           (iii) Applicant shall report to the Investigating Officer at`



Anand                              2 of 4
                                                     10. BA 3622-2026.doc

            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;


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

            and remain present before the Trial Court on all dates,

            unless specifically exempted. Applicant shall not seek

            unnecessary adjournments. Any such conduct shall

            entitle the prosecution to apply for cancellation of bail;


        (v) Applicant shall not leave the State of Maharashtra

            without prior permission of the Trial Court;


        (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 residential address and mobile telephone

            number and shall forthwith inform the Investigating

            Officer of any change in his residential address or

            mobile telephone number, as and when such change

            occurs; and


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

Anand                          3 of 4
                                                          10. BA 3622-2026.doc

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


5.      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.


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



                                                  (MILIND N. JADHAV, J.)




Anand                               4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.