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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code, 1860 — s. 120, 34, 406, 420
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3, 4
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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