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Bombay High Court

MOHAN @ PRASAD SIVERAM PILLAIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

The applicant, Mohan @ Prasad Siveram Pillai, was one of twelve accused in a case involving alleged commission of Rs.10 lakh from a Rs.55 lakh transaction, charged under IPC sections 406, 420, 120(B) read with 34 and the Maharashtra Protection of Interest of Depositors Act. The prosecution had only a statement from another accused linking the applicant to the commission, with no direct evidence of money received in his bank account. The applicant, a senior citizen over 65, had been in custody for over two years and sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 439 of the CrPC. The court examined whether there was prima facie evidence establishing the applicant's role and considered his age and the fact that five co‑accused had already been granted bail. Finding the lack of direct incriminating material and noting the applicant's senior status, the judge inclined to grant bail with stringent conditions. The bail application was therefore allowed and the order disposed.

Issues considered

  • Whether the applicant is entitled to bail despite the absence of prima facie evidence linking him directly to the alleged commission.
  • Whether the applicant's senior citizen status and prolonged pre‑trial detention justify granting bail.
  • Whether the conditions imposed under Section 439 CrPC are sufficient to ensure the applicant's compliance and prevent tampering with evidence.

Legislation cited

Subjects

  • bail
  • senior citizen
  • prima facie evidence
  • IPC sections 406, 420, 120(B), 34
  • Maharashtra Protection of Interest of Depositors Act
  • CrPC Section 439
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                                        35.BA.934.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                               BAIL APPLICATION NO.934 OF 2026

              Mohan @ Prasad Siveram Pillai                  .. Applicant
                         Versus
              The State of Maharashtra                       .. Respondent
                                        ....................
               Mr. Vaibhav Jagdale, Advocate for Applicant.
               Mr. Amit A. Palkar, APP for Respondent.
               PSI – S. V. Jadhav, Alankar Police Station.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : SEPTEMBER 02, 2026
              P.C.:

              1.        Heard Mr. Jagdale, learned Advocate for Applicant and Mr.

              Palkar, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 / Section 439 of the Criminal

              Procedure Code, 1973 seeking Bail in connection with C.R. No.32 of

              2024 registered with Alankar Police Station for offences punishable

              under Sections 406, 420, 120(B) read with Section 34 of the Indian

              Penal Code, 1860; Sections 3 and 4 of the Maharashtra Protection of

              Interest of Depositors Act, 1999.


              3.        Applicant is one of the 12 Accused persons.. His name has

              been disclosed in Accused No.4’s statement of he having received an

              amount of Rs.10,00,000/- as commission when the transaction of an



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amount of Rs.55,00,000/- between Accused Nos.4 and 6 had taken

place.   Save and except the aforesaid statement, there is nothing

incriminating that has been placed on record by the prosecution to

show that the Applicant had received any monies in his bank account.

5 out of 12 Accused persons have already been granted bail.


4.        The case of the Applicant is prima facie on parity with the

other Accused persons who are also indicted for a similar offense of

having received commission out of the proceeds of crime. However,

there has to be prima facie evidence and material to show that the

Applicant had indeed received any of the aforesaid amounts so as to

indict the Applicant. In that view of the matter, the Applicant has made

out a case for grant of bail. Applicant has been indicted and arrested

on 11.04.2024 and is in incarceration since then for the past two years

and seven months.


5.        Prima facie, Applicant’s direct role not having been

established despite the charge sheet having been filed in the year 2024

and the Applicant being a senior citizen above 65 years of age, I am

inclined to allow the Applicant’s Bail Application. Applicant is granted

bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 32 of 2024;


          (ii) Applicant is directed to be released on bail on

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          furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

          Thousand only) with one or two surety / sureties of the

          like amount;

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

          concerned Police Station, once every month on the first

          Monday 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;

     (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.

6.   It is clarified that the observations made in this order are

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               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.


               7.               Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                               [ MILIND N. JADHAV, J. ]


                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.09.02
                        18:39:23 +0530




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