Bombay High Court
RANI DURAIRAJ PERINABAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NEELA KEDAR GOKHALE
Holding
Bail is granted to the applicant on the basis of parity with co‑accused who have been released on bail.
Summary
The High Court considered the bail application of Rani Durairaj Perinaba, accused of offences under Sections 420, 409, 465, 467, 468, 471 and 120‑B IPC for forging documents to obtain an overdraft loan. The applicant had been denied bail by the Judicial Magistrate, while all co‑accused, including the principal accused, had already been released on bail. Counsel for the applicant argued that the applicant's role was identical to that of the co‑accused and invoked the principle of parity. The State conceded the bail of the co‑accused and left the matter to the Court. Relying on parity and noting that the co‑accused with similar antecedents were on bail, the Court granted bail to the applicant subject to standard conditions, emphasizing that the order was prima facie and the trial judge would decide the merits independently.
Issues considered
- Whether bail should be granted to the applicant despite a prior denial by the magistrate, considering the principle of parity with co‑accused.
- Whether the nature of the offences (under IPC sections 420, 409, 465, 467, 468, 471, 120‑B) precludes bail.
Legislation cited
- Indian Penal Code, 1860 — s. 120-B, 409, 420, 465, 467, 468, 471
Subjects
- bail
- parity principle
- non‑bailable offences
- forgery
- criminal conspiracy
- Indian Penal Code
- High Court of Bombay
Judgment
12-BA-3698-2025.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3698 OF 2025
Rani Durairaj Perinaba ...Applicant
Versus
State Of Maharashtra ...Respondent
Mr. Neeraj Yadav, for the Applicant.
Ms. Gauri S. Rao, APP for the State-Respondent.
API – Jadhav, Pant Nagar Police Station, is present.
CORAM DR. NEELA GOKHALE, J.
DATED: 13th JANUARY 2026
PC:-
1. The Applicant seeks her release on bail in connection
with C.R. No. 873 of 2022 registered with the Pant Nagar
Police Station, Brihanmumbai City for the offences punishable
under Sections 420, 409, 465, 467, 468, 471 and 120-B of the
Indian Penal Code, 1860 (‘IPC’).
2. The case of the prosecution, in brief, is that during the
period of June, 2022 to August, 2022, while Vipul Patel was
posted as a Branch Manager at Rajkot Nagarik Sahakari Bank
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Ltd., the Applicant and the co-accused, namely Rajeev and
Sonali, in pursuance of a criminal conspiracy, opened an
account with the said bank and by forging documents,
obtained an overdraft loan against the surrender value of the
LIC policies which were also fake and forged. A complaint was
made by Sunil Joshi, the Chief Manager of the Rajkot Nagarik
Sahakari Bank Ltd., Ghatkopar (East), Mumbai and the FIR
was registered accordingly.
3. The Applicant made an application seeking bail before
the Judicial Magistrate First Class, 49th Court, Vikhroli,
Mumbai. However, by order dated 9 th May 2025, the said
application was rejected. Hence, the Applicant is before this
Court seeking the relief as prayed.
4. Mr. Neeraj Yadav, learned Counsel for the Applicant, at
the very outset, submits that the co-accused have been
granted bail and the role attributed to the present Applicant
and that attributed to co-accused, Rajeev and Sonali, is
identical. He submits that even Vipul Patel, another co-
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accused and principal accused, who was the Branch Manager
of the said bank at the relevant period and who accepted the
forged documents from the Applicant and others, have also
been enlarged on bail. He submits that the Applicant is
arrested on 2nd May 2023, charges have been framed on 1 st
July 2024 and one witness is partly examined. Hence, on the
basis of parity, Mr. Yadav prays that the present Applicant be
enlarged on bail.
5. Ms. Gauri Rao, learned APP, on instructions from the
Investigating Officer, concedes that all the other accused are
enlarged on bail. She leaves it on the Court to pass
appropriate orders.
6. I have heard learned Counsel appearing for the
respective parties and perused the record with their
assistance.
7. Mr. Yadav has tendered order dated 7 th March 2024
passed in Bail Application No. 3401 of 2023, pertaining to co-
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accused, Rajeev Biswas. I have gone through the said order.
The role attributed to Rajeev Biswas is identical to the role
attributed to the present Applicant. Moreover, this Court has
also recorded that the principal accused i.e. the Branch
Manager of the Rajkot Nagarik Sahakari Bank Ltd., Ghatkopar
(East), Mumbai, namely Vipul Patel, who was posted in the
said bank for the period of June, 2022 to August, 2022 and
has facilitated the acceptance of the fake LIC policies and has
granted the aforesaid O.D. facilities to the accused and co-
accused, is already enlarged on bail. The present Applicant
has three antecedents against her. However, Mr. Yadav submits
that the accused, who have been enlarged on bail, also have
antecedents against them. In these circumstances, on the
principle of parity alone, I am inclined to enlarge the
Applicant on bail and it is ordered as under:
ORDER
i) The Applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.1,00,000/- with one or two local
sureties in the like amount;
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ii) The Applicant shall attend the Trial Court concerned on
each and every date as directed, till the conclusion of the trial,
save and except if the Applicant is exempted from appearance
by orders of the Trial Court.
iii) If the Applicant has not deposited her passport, the
Applicant shall deposit the same with the concerned Police
Station, if any;
iv) The Applicant shall not leave India, without permission
of the trial Court;
v) The Applicant shall not tamper or attempt to influence
or contact the complainant, witnesses or any person
concerned with the case;
vi) The Applicant shall inform her latest place of residence
and mobile contact number immediately after being released
and / or change of residence or mobile details, if any, from
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time to time to the Court seized of the matter and to the
Investigating Officer of the concerned Police Station;
vii) The Applicant to co-operate with the conduct of the
trial;
viii) Any infraction of the aforesaid conditions shall entail
cancellation of bail.
8. Application is allowed in the above terms and is
accordingly disposed of.
9. It is made clear that the observations made herein are
prima facie and are confined to this Application and the Trial
Judge to decide the case on its own merits, uninfluenced by
the observations made herein.
(Dr. Neela Gokhale, J)
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