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2025 DAILYLAW 4562 (BOM)

VENKATESH BAPURAO KULKARNI v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/1284/2025 · 2026-09-09

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Judgment text

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994-ABA-1284-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 994 ANTICIPATORY BAIL APPLICATION NO. 1284 OF 2025 Venkatesh Bapurao Kulkarni VERSUS The State Of Maharashtra And Another ….. Mr. P. B. Vaidya, Advocate for Applicant. Mr. N. R. Dayama, APP for the Respondent – State. ... CORAM : R.M. JOSHI, J DATE : SEPTEMBER 9, 2026 P. C. : 1. The applicant seeks pre-arrest bail in connection with Crime No. 0451 of 2026 registered with Gangakhed Police Station, for the offence punishable under Sections 406, 409, 420, 120-B read with 34 of the Indian Penal Code and under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 2. The First Information Report alleges misappropriation of the funds of Rajasthan Multi State Cooperative Society, Parali, Vaijnath, District Beed. The allegation is against the office bearers so also the employees including the manager of the society. 3. Learned counsel for the applicant submits that the applicant has been granted pre-arrest bail in ABA No.9 of 2025 in connection with Crime No. 234 of 2024. It is his submission that there are a number of offences registered in connection with the Rajasthan Multi State Cooperative Society Kiran Kawre 994-ABA-1284-2025.odt Limited, Parali Vaijinath. 4. It is his submission that the allegations in all first information reports are identical in nature. According to him, the present case is duly covered by the judgment of the Hon’ble Supreme Court in the case of Ravinder Singh Sidhu Vs. The State of Punjab & Ors1. To support his submissions, he has made reference to paragraph 20 thereof. 5. Learned APP opposes grant of any protection to the applicant. However, it is not in dispute that, in ABA No.9 of 2025, the liberty of the applicant has been protected by this Court by order dated 3 February 2025. 6. Prima facie perusal of the record indicates that in respect of several crimes registered in connection with Rajasthani Multi State Cooperative Society Limited, the nature of allegations in all the Courts is identical. The Hon’ble Supreme Court in the case of Ravinder Singh Sidhu (supra) in paragraph 20, has made the following observation: “20. The investigating officer in the principal proceedings will be free to file supplementary charge-sheet on the basis of the material collated during investigation of other FIRs. We also make it clear that the other offences not part of the special enactments can also be tried by the Special Court under the concerned State legislation. We also further direct that in case the petitioner has been granted bail in connection with the principal proceeding/criminal case to which the other cases have been clubbed, the bail so granted must enure to the petitioner's favour in the other FIRs now clubbed as well. We further clarify that if the principal FIR is limited to offence under the general law/Penal Code but the subsequent FIRs contain allegations attracting offences under the special enactment or certain other IPC offences and if the bail granted is only for some offences under the general law, the Special Court is entitled to insist for a fresh bail application to be filed by the petitioner in 1 (2025) 5 SCR 2648 Kiran Kawre 994-ABA-1284-2025.odt relation to those offences including under the Special Act. The said bail application(s) shall be decided on its own merits in accordance with law.” 7. These observations are squarely applicable to the case in hand. In such circumstances, this Court finds no justification not to confirm interim relief granted by order dated 5 August 2025. Hence, application stands allowed in terms of interim relief. Hence, the following order: O R D E R (i) The application is allowed by confirming interim order dated 5 August 2025. (R. M. JOSHI, J.) Kiran Kawre