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2026 DAILYLAW 13720 (BOM)

SMT. MOHINI W/O PRAKASH KHOBRAGADE v. STATE OF MAHARASHTRA THR PSO., PS CHANDRAPUR CITY, CHANDRAPUR

ABA/812/2026 · 2026-10-01

body2026

Judgment text

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1 18-Cr.ABA-812-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 812 OF 2026 Smt. Mohini W/o Prakash Khobragade -- VERSUS -- 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. Ms. Sakshi A. Pathak, Advocate (appointed) for the Applicant. Ms. S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 01, 2026. Heard. 2. Apprehending arrest, the accused has approached this Court in connection with Crime No.356/2025 for the offences punishable under Sections 408, 409, 420 and 34 of the Indian Penal Code, 1860, registered with Police Station Chandrapur City, District Chandrapur. 3. Brief facts of the prosecution case are that the F.I.R. came to be lodged on 19/05/2025 by the Informant, alleging that, relying upon the representation of the then President and Vice-President of Anushree Nagari Sahakari Patsanstha that the investment would be doubled after six years, he deposited an amount of Rs.2,50,000/- in a fixed deposit with the said society Piyush Mahajan 2026:BHC-NAG:13066 2 18-Cr.ABA-812-2026 on 07/06/2018. Upon maturity of the fixed deposit, when the Informant sought repayment of the amount, the concerned persons allegedly refused to repay the same and stated that the society had been sold. The Informant thus alleged financial cheating in respect of the said deposit. Based on these allegations, the First Information Report (F.I.R.) came to be registered. 4. The learned counsel for the applicant submits that the applicant is the Vice-President of Anushree Nagari Sahakari Patsanstha, Bhiwapur. It is alleged against the applicant that the Informant had deposited an amount of Rs.2,50,000/- as a fixed deposit with the said Patsanstha. However, she submits that the applicant and the other members of the managing body had handed over the said Patsanstha, along with the amount, to Devendra Bramhankar. Therefore, she submits that the applicant is not responsible for the affairs of the said Patsanstha after it was handed over to Devendra Bramhankar. Accordingly, she prays that the applicant be granted anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant and the entire management appear to have handed over the management of the said Patsanstha to one Devendra Bramhankar without following the prescribed procedure. She further submits that there are several investors who are running Piyush Mahajan 3 18-Cr.ABA-812-2026 from pillar to post for recovery of their hard-earned money invested by way of fixed deposits or savings. She submits that the applicants have misappropriated the said amounts, particularly when the Patsanstha itself has not been closed. Under such circumstances, she submits that the investigation is still in progress and, considering the serious allegations against the applicant, prays for rejection of the application. 6. Upon consideration of the rival submissions, it appears that the applicant is the Vice-President of the Patsanstha. It further appears that the management had sought to hand over the management of the said Patsanstha to Devendra Bramhankar. However, it is very difficult to accept the said contention, as no procedure appears to have been followed by the applicant and other members of the management for handing over the said Patsanstha to any other person. Under such circumstances, it appears that several persons have been duped of their hard-earned money. Therefore, I am not inclined to grant anticipatory bail to the applicant. Hence, the Criminal Application is rejected. The fees of the appointed counsel be quantified and paid as per rules. [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 01/10/2026 16:57:22