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2026 DAILYLAW 12351 (BOM)

UMESH S/O GULABRAO KHAPRE AND ANR v. STATE OF MAHARASHTRA THR PSO., PS KHAPARKHEDA DIST. NAGPUR

ABA/818/2026 · 2026-09-29

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Judgment text

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1 22-Cr.ABA-818-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 818 OF 2026 Umesh s/o Gulabrao Khapre and Vinod s/o Fagoji Irpate -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. A.M. Jaltare a/w. Mr. N.D. Dawda, Advocates for the Applicants. Mr. H.D. Marathe, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 29, 2026. Heard. 2. Applicants are apprehending their arrest in connection with Crime No.318/2026 registered with Khaperkheda Police Station, Nagpur City for the offences punishable under Sections 409, 406 and 34 of the Indian Penal Code, 1860, and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 3. Brief facts of the prosecution case are that, the informant, an employee of the District Special Audit Class-I Cooperative Society, was directed by the District Deputy Registrar to conduct a re-audit of Disha Nagarik Credit Piyush Mahajan 2026:BHC-NAG:12886 2 22-Cr.ABA-818-2026 Cooperative Society Ltd., Chicholi Khaparkheda, for the period from 01/04/2017 to 31/03/2022. During the course of the said re-audit, certain irregularities were allegedly noticed, including irregular disbursement of loans, irregular gold-backed loans, misappropriation of daily savings deposits, cash balance and commission, and non-payment of matured deposits to depositors, involving an alleged amount of 86,19,283/-. Based ₹ on these allegations, the First Information Report (F.I.R.) came to be registered on 23/05/2026. 4. The learned counsel for the applicant submits that this Court has already protected the liberty of the applicant by order dated 15/09/2026, wherein it was observed that in the enquiry under Section 88 of the Maharashtra Cooperative Societies Act, no liability was fastened on the applicants. It is further observed that the applicants have not been benefited by a single rupee. The learned counsel further submits that, pursuant to the interim order passed by this Court, the applicants have attended the Police Station, and therefore, considering the nature of the allegations, the learned counsel for the applicant submits that the applicants deserve to be granted bail. 5. On the other hand, the learned A.P.P. concedes the fact that the applicants have attended the Police Station as was directed by this Court. He submits that the main allegations are against the President, Vice-President and Secretary. The Piyush Mahajan 3 22-Cr.ABA-818-2026 applicants are members of the society, and there are no allegations of inducing the depositors, and the applicants have not received the benefit of a single rupee. 6. Considering the submissions of both the sides, the interim order granted by this Court is hereby confirmed. Hence, the following order:- O R D E R (i) The Criminal Application is allowed and disposed of; (ii) The order dated 15/09/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order; (iii) Pending Misc. Application(s), if any, also stand disposed of; (iv) The observations of this Court are prima facie in nature and are only limited to this application. The trial Court shall not be influenced by the aforesaid observations. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 29/09/2026 18:28:25