Bombay High Court
SOMNATH GOARAKH PANDITversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The bail application is allowed, and the applicant is released on bail subject to conditions.
Summary
The applicant, Somnath Goarakh Pandit, a cashier of Maheshwari Multipurpose Credit Co-operative Society, was charged with embezzlement of approximately Rs 8 crore, alleged to have benefited Rs 8.5 lakh. He sought bail, offering to deposit the amount he allegedly gained within three weeks. The State opposed bail, citing the seriousness of the offences under multiple IPC sections and the Maharashtra Protection of Interests of Depositors Act, and the involvement of the society’s directors. The court noted that the investigation was complete, a charge‑sheet filed, and that further custodial detention was unnecessary given the applicant’s willingness to deposit the amount. Consequently, the bail application was allowed, subject to a personal bond, a surety, the deposit of Rs 8.5 lakh, and standard bail conditions.
Issues considered
- Whether bail should be granted to the accused despite the gravity of the offences and the large sum involved
- Whether the applicant’s willingness to deposit the alleged benefit amount satisfies the conditions for bail
Legislation cited
- Indian Penal Code, 1860 — s. 201, 34, 406, 409, 420, 465, 467, 468, 471
- Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999 — s. 3, 4
Subjects
- bail
- embezzlement
- financial fraud
- cooperative society
- IPC
- Maharashtra Depositors Act
- personal bond
- surety
Judgment
Dilwale 1 47-BA-776-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
47 BAIL APPLICATION NO. 776 OF 2026
Somnath Goarakh Pandit
VERSUS
State Of Maharashtra
…..
Advocate for Applicant : Mr. Jadhav Satej S
APP for Respondent-State: Mr. V. K. Kotecha
…..
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 22.06.2026
PER COURT :
1. Heard the learned counsel for the applicant and the learned APP
for the Respondent-State.
2. By this application, the applicant seeks his release on bail in
connection with Crime No. 0076 of 2024 registered with Gandhi Chowki
Police Station, Latur, for the offence punishable under Sections 406, 409,
420, 201, 465, 467, 468, 471, and 34 of the Indian Penal Code, 1960
read with Sections 3 and 4 of the Maharashtra Protection of Interests of
Depositors (In Financial Establishments) Act, 1999.
3. The brief facts of the prosecution case are that the applicant is
cashier in Maheshwari Multipurpose Credit Co-operative Society, who in
concert with one Bhimashankar Patil (Manager) committed
embezzlement of funds of around Rs.8 Crore. It is alleged that they
gained trust of other employees and depositors thereby misappropriating
Dilwale 2 47-BA-776-26.odt
funds under different heads of expenses. It is alleged that all the
transactions were taken placed by the ID of present applicant. When the
accused failed to return the amount, present offence came to be
registered and applicant was arrested.
4. The learned counsel for the applicant submits that, according to
the prosecution case, the applicant worked as a Cashier of the concerned
Credit Society during the relevant period. It is alleged that the applicant
was benefited to the extent of Rs.8,50,000/-. On the last occasion, this
Court granted time to the learned counsel for the applicant to obtain
instructions as to whether the applicant is willing to deposit the said
amount. On instructions, the learned counsel submits that the applicant is
ready and willing to deposit an amount of Rs.8,50,000/- within a period
of three weeks.
5. The learned APP strongly opposed the application. He submits that
the applicant, being a Cashier of the Credit Society, manipulated the
records and made backdated entries. According to him, though initially
the members of the Managing Committee were not arrayed as accused,
the investigation subsequently revealed that the Board of Directors was
also responsible for the affairs of the Credit Society. It is submitted that
the applicant, along with the Directors, siphoned off an amount of about
Rs.8 Crore belonging to the depositors of the Society. Therefore,
considering the seriousness of the offence and the magnitude of the
amount involved, no discretion deserves to be exercised in favour of the
Dilwale 3 47-BA-776-26.odt
applicant.
6. I have considered the submissions advanced by the learned counsel
for the respective parties and perused the charge-sheet.There is no
dispute that the applicant worked as a Cashier of the concerned Credit
Society during the relevant period. The investigation papers indicate that
the applicant was benefited to the extent of Rs.8,50,000/-. The applicant
has expressed his willingness to deposit the said amount within a period
of three weeks. As regards the remaining allegations, appropriate
proceedings for recovery of the amount and attachment of the properties
of the accused persons can be initiated by the competent authorities in
accordance with law.
7. The investigation is completed and the charge-sheet has already
been filed. In the circumstances, further custodial detention of the
applicant does not appear necessary. Therefore, I am inclined to allow the
application.
ORDER
(i) The application is allowed.
(ii) The applicant - Somnath Goarakh Pandit shall be released on bail
in connection with Crime No. 0076 of 2024 registered with Gandhi
Chowki Police Station, Latur, for the offence punishable under Sections
406, 409, 420, 201, 465, 467, 468, 471, and 34 of the Indian Penal Code,
1960 read with Sections 3 and 4 of the Maharashtra Protection of
Dilwale 4 47-BA-776-26.odt
Interests of Depositors (In Financial Establishments) Act, 1999, on
furnishing P.R. bond of Rs.15,000/- and a solvent surety in the like
amount to the satisfaction of the Trial Court.
(iii) The release of the applicant shall be subject to the condition that
he shall deposit an amount of Rs.8,50,000/- before the concerned Court
within a period of three weeks from today.
(iv) The applicant shall also follow following conditions:-
i. The applicant shall attend each and every date before the
Trial Court unless specifically exempted.
ii. The applicant shall not directly or indirectly make any
inducement, threat or promise to any prosecution witness
and shall not tamper with the prosecution evidence in any
manner.
8. Needless to state that breach of any of the above conditions shall
entitle the prosecution to seek cancellation of bail.
9. The observations made herein are prima facie in nature and the
learned Trial Court shall not be influenced by the same while deciding
the case on its own merits.
10. Bail before Trial Court.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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