26-1967-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1967 OF 2023 Kisan Shripati Galave … Applicant Versus The State of Maharashtra … Respondent _______________________________________________________________ Mr. Ranjeet Patil i/b Ganesh Bhujbal, Advocate for the Applicant. Dr. A. A. Takalkar, APP for the Respondent – State. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 21st September, 2026. P.C. : 1. Heard Mr. Ranjeet Patil, learned Advocate for the Applicant and Dr. A. A. Takalkar, learned APP for the Respondent – State. 2. On 20.07.2023, the following order was passed :- 1. Heard learned Advocate Shri. Bhujbal for Applicant and learned APP. Investigating Officer is present. 2. The FIR is lodged by the auditor on the basis of audit done in respect of Shree Ganesh Gramin Bigarsheti Patsanstha Maryadit Gokul Tarfe Patan, Taluka: Pathan, District: Satara. The audit is conducted for the year 2020-2021. The resolution to appoint the First-Informant was made in the meeting dated 10th June, 2021. The auditor submitted a report mentioning that there is misappropriation to the extent of Rs.4,97,07,907/-. A copy of the report is annexed on Page No.34. 3. The sum and substance of the allegations can be summarized as follows:- (a) Certain loans are disbursed without sanction of the Managing Committee. Arjun 1 26-1967-2023.doc (b) Certain loans are sanctioned by the Managing Committee but there is no documentation. (c) Loans are sanctioned under different heads. It is described in the report. 4. The contention of the Applicant is that there are no specific allegations and he was simple director and in fact, it is done by the Manager and other employees of the Society. Whereas, learned APP tried to explain before me what was the modus operandi followed. It is shown as the loans were sanctioned in the name of the persons /members, but few of the statements are recorded which depicts that in fact, they have not applied for loan. Even there is allegation that the persons who have deposited the amount with the Patpedhi have not returned the amount and they revealed that against them, loans are shown as outstanding even though they have not applied. 5. The FIR also mentions that there are earlier audit reports conducted by one Pravin Bhosale and N.S.Shaikh but their audit report does not mention about misappropriation. They are also joined as Accused persons. A query is made to learned APP as to when these loans were shown as sanctioned, that is to say, within a tenure of this Applicant as a director or earlier, learned APP submitted that list of those particulars is taken out from the computer of the Patpedhi, for want of time, it cannot be produced. 6. It is true that as per the provisions of Maharashtra Co- operative Societies Act, 1960 ["MCS Act"], there is collective responsibility of the members of the Director Board. There may be allegation that individual director has failed to perform his duties by way of supervision also. These issues an be gone into once all the materials are produced before the Court. So, today, I am inclined to grant an interim protection. 7. It is true that there are other applications pending for a similar relief before the Court of Additional Sessions Judge. It is made clear that this Court has granted an interim protection as all the materials are not placed before him. However, if all the materials are placed before the Additional Sessions Judge, they are at liberty to take an appropriate decision. They need not be influenced by these observations. Hence, order :- ORDER (i) In case of an arrest in connection with C.R. No. 112 of 2023 registered with Patan Police Station: District Satara for the offences punishable under Sections 420, 406, 409, 467, 471 read with 34 of IPC, the Kisan Shripati Galave be released on Arjun 2 26-1967-2023.doc Applicant furnishing personal bond and surety bond of Rs.25,000/-. (ii) Applicant is directed to give attendance to Patan Police Station: District Satara on 24th and 26th July, 2023 from 10.00 to 12.00 noon. 8. Matter be kept on 27th July, 2023. 9. All the parties to act on an authenticated copy of this order. 3. Mr. Ranjeet Patil, learned Advocate for the Applicant states that the Applicant has appeared before the Investigating Officer, Patan Police Station, Satara, investigating Crime No. 112 of 2023. He, on instructions from the Applicant, states that the Applicant shall appear before the Investigating Officer as and when required and shall co- operate with the investigation in Crime No. 112 of 2023. 4. Dr. A. A. Takalkar, learned APP for the Respondent – State, on instructions from the Investigating Officer, Patan Police Station, Satara, submits that the Applicant has appeared before the Investigating Officer and the investigation in Crime No. 112 of 2023, is ongoing. 5. The interim bail granted to the Applicant is operating since 20.07.2023, the Applicant has appeared before the Investigating Officer, Patan Police Station and there being no allegations of the Applicant having breached the liberty granted by this Court, this Application is allowed by confirming the order dated 20.07.2023 and making the Arjun 3 26-1967-2023.doc same absolute in terms of paragraph nos. 7(i) with the following additional conditions :- (a) Applicant shall appear and report to the Investigating Officer, Patan Police Station, Satara, on 28th, 29th and 30th September, 2026, from 10:00 am to 12:00 pm and thereafter as and when required by the Investigating Officer. The Applicant shall cooperate with the investigation in Crime No. 112 of 2023. (b) Applicant shall not tamper with evidence in any manner. (c) Applicant shall provide the Investigating Officer, Patan Police Station, Satara, with his residential address along with proof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. 6. Anticipatory Bail Application No. 1967 of 2023 is allowed and disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.23 10:18:07 +0530