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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120B, 34, 409, 420, 467, 468, 471
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3, 4
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
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