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2026 DAILYLAW 17163 (BOM)

BHAUSAHEB BHIKANRAO CHAVAN v. THE STATE OF MAHARASHTRA AND ANR

ABA/3499/2025 · 2026-10-05

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1 ABA-3499-2025-.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3499 OF 2025 Bhausaheb Bhikanrao Chavan …Applicant Vs. 1. The State of Maharashtra 2. The Assistant Police Inspector …Respondents Mr. Shirish Gupte, Senior Advocate a/w. Mr. Pralhad Dnyanoba Bachate, for the Applicant. Mrs. M.M. Deshmukh, APP for the Respondent-State. Mr Umesh Borse, API and Mr. Shivaji Kulkarni, Head Constable, EOW Nashik City Police Station, present. CORAM: MADHAV J. JAMDAR, J. DATE : 5th OCTOBER, 2026 P. C.: 1. Heard Mr. Gupte, learned Senior Counsel appearing for the Applicant and Mrs. Deshmukh, learned Additional Public Prosecutor for the State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), the 5th October, 2026 1 ABA-3499-2025-.DOC skt Applicant is seeking pre-arrest bail in connection with C.R. No. 164 of 2025 registered with Nashik Road Police Station, Nashik City under Sections 340 (2), 338, 336(3), 318(4), 316(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Mr. Gupte, learned Senior Counsel appearing for the Applicant raised following contentions :- i. The Applicant in his capacity as Deputy Director of Education is the First Informant in said C.R. No. 164 of 2025 and thereafter, in the same C.R., he has been made accused. ii. The Applicant in his capacity as Deputy Director of Education, has granted approval for Shalarth IDs. By pointing out certain decisions of this Court, Learned Senior Counsel submitted that this Court by passing various orders consistantly held that once an appointment of teacher is approved, the Deputy Director of Education cannot enquire into the aspect of appointment, he has to issue Shalarth IDs therefore the Applicant has issued Shalarth IDs. He submitted that therefore the Applicant is not involved in the crime. Page 2 of 27 5th October, 2026 1 ABA-3499-2025-.DOC skt iii. As per the practice adopted by the office of the Deputy Director of Education, the work of preparation of draft Shalarth IDs is always entrusted to the Account Officer. Learned Senior Counsel pointed out order dated 10th July 2023 issued by the Applicant. It is submitted that as Mr.Manish Kadam, who was working as Accounts Officer in the office of the Deputy Director of Education was transferred and he relieved his charge on 10th July 2023 with effect from 10th July 2023, one Mr. Uday Vishnu Panchbhai has been appointed as Accounts Officer and accordingly, by passing specific order dated 10th July 2023, the work of preparation of Shalarth IDs draft has been assigned to said Mr. Uday Vishnu Panchbhai and password was also given to him. It is submitted that said Panchbhai by misusing the said power unauthorisedly included names of various teaching/non-teaching staff in the Shalarth ID Pranali. It is submitted that therefore the Applicant is not involved in the crime. iv. Learned Senior Counsel submitted that said Mr. Uday Vishnu Panchbhai has given statement dated 2nd 5th October, 2026 1 ABA-3499-2025-.DOC skt February, 2023 titled as “Panchnama” confirming that he is responsible for the same. v. It is submitted that in fact a complaint was received by the Ministry of Education, Maharashtra State on 20th March 2024 regarding bogus and backdated appointments of teaching and non-teaching staff. The Director of Education has directed the Applicant, in the capacity of the Applicant as Deputy Director of Education, to conduct an enquiry. Accordingly, detailed enquiry was conducted and preliminary report dated 24th June 2023 was submitted by the Applicant to the Commissioner of Education. It is submitted that thereafter further report dated 25th February 2025 was submitted to the Commissioner of Education. Thereafter, by letter dated 17th March 2025 permission was sought from the Commissioner of Education for lodging F.I.R. and accordingly sanction was given by the Commissioner of Education by letter dated 22nd March 2025 to lodge F.I.R. Pursuant to the same, subject F.I.R., i.e., C.R. No. 164 of 2025 has been lodged by the present Applicant on 27th March 2025. Page 4 of 27 5th October, 2026 1 ABA-3499-2025-.DOC skt vi. Mr. Gupte, learned Senior Counsel also pointed out affidavit in reply of the Applicant filed in Writ Petition No. 9008 of 2021 (Aurangabad Bench) as approval granted to the appointment of various teachers has been cancelled by the Applicant. It is submitted that in the said Writ Petition, affidavit has been filed by the Applicant in his capacity as the Deputy Director of Education bringing on record the factual position that the decision to cancel the approval would be taken only after giving due notice and personal hearing to all concerned. vii. It is further submitted that in the Inquiry Report dated 25th February 2025, it is specifically stated that the work of preparation of Shalarth ID drafts of all these teachers has been done by said Uday Panchbhai and said Uday Panchbhai and one Sharma, who is the Superintendent of Pay Unit, working at Jalgaon are the responsible persons. viii. By relying on the Panchanama of portable clone hard disc examination dated 7th January 2026, it is submitted that with respect to documents at Serial Nos.4, 5th October, 2026 1 ABA-3499-2025-.DOC skt 5, 9, 10 and 11, it has been found that the Applicant’s signature is a scanned signature of the Applicant. ix. It is, therefore, submitted that the Applicant is not at all involved in the crime and in fact he is the First Informant and the allegations made by the Investigating Officer are totally false. 4. On the other hand, Mrs. Deshmukh, learned Additional Public Prosecutor raised the following contentions :- i. Although the F.I.R. has been filed by the Applicant in his capacity as Deputy Director of Education, however, during investigation, the Applicant’s involvement in the crime was disclosed. ii. As far as contention raised by learned Senior Counsel on the basis of various orders passed by this Court that once approval has been granted, the Deputy Director of Education has no option but to include such teaching/non-teaching staff in Shalarth ID, it is submitted that by G.R. dated 10th June 2022, it has been specifically directed to all Deputy Directors of Education to verify the documents. Page 6 of 27 5th October, 2026 1 ABA-3499-2025-.DOC skt iii. It is submitted that during investigation, it transpired that Shalarth ID drafts and Shalarth orders of about 79 teaching/non-teaching staff members were prepared by showing their appointments of the year 2012, although their appointments are of the year 2022- 2024 and the total amount of Rs.9,60,35,631/- (Rupees Nine Crore Sixty Lakh Thirty-Five Thousand Six Hundred Thirty-One Only) has been paid to these 79 teachers who were in fact illegally appointed in the year 2022 to 2024 by showing their appointments from the year 2012. iv. Learned Additional Public Prosecutor relied on compilation of documents which has been submitted for perusal of the Court. She pointed out a chart of about 81 teaching/non-teaching staff members (Pages 145-161), order dated 26th June 2019 of approval in case of one Urvashi Nimba Choudhary of Late Ashok Phadake Madhyamik Vidyalaya, Kurha (Kakoda), Taluka Muktainagar, District Jalgaon (Page 193) and a forged and fabricated order dated 26th June 2019 (Pages 113- 115) was also pointed out wherein in addition to name 5th October, 2026 1 ABA-3499-2025-.DOC skt of said Ms. Urvashi Nimba Choudhary (as per the original order), the names of several teaching/non-teaching staff have been included and the names of these teaching/non-teaching staff have been mentioned at Sr. No. 14 to 27 of the chart which is annexed at Page 145 to 161 of the compilation tendered by learned Additional Public Prosecutor. v. Learned Additional Public Prosecutor also pointed out another order dated 27th November 2020/15th December 2020 (Page 185) issued in the names of Vaishali Jagannath Mahajan, working as Shikshan Sevika of the Mitharam Fakira Taral Vidyalaya and M.R. Mahajan and Mahavidyalaya, Anturli, Tal.-Muktainagar, Dist. Jalgaon and the forged and fabricated letter dated 15th December 2020 (Page 189) wherein names of several teaching/non-teaching staff have been included apart from said Vaishali Jagannath Mahajan. vi. Learned Additional Public Prosecutor also pointed out statement of Manish Shaligram Kadam dated 3rd December 2025 (Pages 73-74) recorded during 5th October, 2026 1 ABA-3499-2025-.DOC skt investigation stating that as per the instructions of the Applicant, names of 14 teaching/non-teaching staff of said Ashok Phadake Madhyamik Vidyalaya have been inserted in draft of Shalarth ID and in the evening after office hours, the Shalarth IDs in the name of these 14 teaching/non-teaching staff were prepared by the Applicant and added in Shalarth ID Pranali. vii. Learned Additional Public Prosecutor further pointed out order dated 27th May 2024 issued by the Deputy Director of Education, Nashik Division, Nashik (Pages 81-84) concerning Priyanaka Vishwanath Salunke, Pallavi Rahul Mahajan and Priya Deepak Masane wherein Shalarth IDs have been issued in favour of these teaching/non-teaching staff. She further pointed out three letters dated 29th September 2026 (Pages 85- 89) issued by the office of the Education Officer (Secondary) Zilha Parishad, Jalgaon, stating that the said office has not sent any Shalarth ID proposals in respect of Priya Deepak Masane, Pallavi Rahul Mahajan and Priyanka Vishwanath Salunke. Page 9 of 27 5th October, 2026 1 ABA-3499-2025-.DOC skt viii. Learned Additional Public Prosecutor also pointed out order dated 20th February 2024 of approval of appointment and order dated 13th March 2024 of inclusion of Shalarth ID of Mahendra Ramdas Patil, Clerk,working in M.F. Taral Secondary and M.R. Mahajan Mahavidyalaya, Anturli, Tal. Muktainagar, Dist. Jalgaon (Pages 91-92 and 93-95) and letter dated 29th September 2026 of Education Officer (Secondary), Zilha Parishad, Jalgaon (Page 97), wherein it is stated that a proposal of individual approval of said teacher has not been sent by the said office as also proposal of Shalarth ID is also not sent. The same is also mentioned as far as another teacher Yogesh Vasantrao Patil is concerned (Page 99). 5. Perusal of the record shows that complaint dated 28th March 2024 (Pages 45-47 of ABA) has been filed by one Ramkrushna Abhiman Patil with Minister of Education, Maharashtra State making very serious allegations regarding individual approvals and inclusion of names in orders of Shalarth ID Pranali of Teaching/Non-Teaching staff by showing 5th October, 2026 1 ABA-3499-2025-.DOC skt their backdated appointments and it is stated that there is as racket wherein Chairmans of various schools are involved. 6. In view of the said complaint, the Director of Education has directed the present Applicant in his capacity as Deputy Director of Education to make enquiry and submit the report. Accordingly, initially, the Applicant submitted a report dated 24th June 2023 (Pages 51-60) proposing to cancel the appointments of various teaching/non-teaching staff members who are working in various schools by giving personal hearing to these teaching/non-teaching staff members. The said order was challenged by filing Writ Petition No.9008 of 2024 (Aurangabad Bench) and the Applicant in his capacity as Deputy Director of Education, Nashik Division, Nashik has filed affidavit in reply dated 26th February 2025 (Pages 63-69) stating that after giving notice and personal hearing to all concerned only in case of fraud, suppression or mis- representation, the appointments would be cancelled. 7. Thereafter, the Applicant filed another report dated 25th February 2025 (Pages 17-23 of Applicant’s compilation) and in 5th October, 2026 1 ABA-3499-2025-.DOC skt said report, it is recommended to lodge the F.I.R. and the Commissioner of Education by order/letter dated 22nd March 2025 (Page 71 of Anticipatory Bail Application), the Commissioner of Education has given permission for registration of the offence and accordingly, the subject F.I.R. being C.R. No. 164 of 2025 has been registered on 27th March 2025 by the Applicant in his capacity as Deputy Director of Education. 8. Mr. Gupte, learned Senior Counsel has very heavily relied on following paragraphs of said Enquiry Report dated 25th February 2025 : "९. शिक्षण उपसंचालक कर्यालर्या र्याथे दिनांक 10/07/2023 रोजी! चा! कर्यालर्या!नां दि"पण! चा! प्रत शिक्षण उपसंचालक कर्यालर्यात!ल लखाशि&करो' वर्ग - 2 श्री! उर्या पचाभाई दिनांक 10 संर्या 2023 रोजी! लखा अशि&करो' म्हण1नां हजीरो झालत. शिक्षण उपसंचालक र्यानां! मान्र्यात दिलल लथे आर्याडी' चा ड्राफ्" भारोण्र्याचा कमा करोण्र्यासंठी; त्र्याच्र्याकडी रो'तसंरो ल>शिर्गनां आर्याडी' आणिण पसंवडी सं@प1 करोण्र्यात आल हत. ड्राफ्" भारोत असंतनां नांव!नां पस्" दिBए" करू नांर्या व अशिभालखा पडीतळू1नांचा ड्राफ्" भारोवत असं रो'तसंरो नां"'र्ग "क1 नां दिनांक 10.07.2023 5th October, 2026 1 ABA-3499-2025-.DOC skt रोजी! त्र्यानां सं1चानां ण्र्यात आल्र्या हत्र्या व त्र्यानां कमाकजी करोण्र्यासंभात आशित करोण्र्यात आल हत. र्याप1वG शिक्षण उपसंचालक कर्यालर्यात!ल लखाशि&करो' र्या पवरो श्री! मानां!ष शिलग्रामा कमा ह कर्यारोत हत व लथे आर्याडी'चा ड्राफ्" भारोण्र्याचा कमा त्र्याच्र्याकडी सं@प1 करोण्र्यात आल हत. त्र्याचा! बल! झाल्र्यानां आपआपचा श्री!. उर्या पचाभाई लखाशि&करो' कर्यालर्या र्याच्र्याकडी संरो जीबबरो' ण्र्यात आल! हत!. खाल!ल ळूत!ल 49 कमाचाऱ्र्याचा ड्राफ्" ह लखाशि&करो' र्यानां! कणतह' कर्गपत्र उपलब्& नांसंतनां भारोल असंल्र्याचा संशिर्गतल आहत. र्या विवविव& ळूच्र्या 49 कमाचाऱ्र्याचा ड्राफ्" ह लखाशि&करो' उर्या पचाभाई र्यानां! कणत!ह' कर्यावह' नां करोत दिक व कणत्र्याह' कर्गपत्रचा! पडीतळूण! नां करोत संस्थेल व ळूल मात करोण्र्याच्र्या हत1नां ड्राफ्" भारोल असंल्र्याचा शिनांष्पन्नां झाल आह. तसं त्र्यानां! लखा! कब@ल!ह' क ल आह व प्रस्त@त कर्यालर्यात असं पचानांमा तर्यारो करोण्र्यात आल आह.” "प. प1. मा&व संशिव र्गळूवलकरो र्ग@रुजी! संवजीशिनांक संस्थे क@ ह ककडी तल@क मा@क्ताईनांर्गरो संचाशिलत कT . अक फडीक माध्र्याशिमाक व उच्चा माध्र्याशिमाक विवद्यालर्या क@ न्ह ककडी त. मा@क्ताईनांर्गरो णिजील्ह जीळूर्गव र्या ळूच्र्या शिक्षकचा! डी@णिXलक " श्री! उर्या पचाभाई र्यानां! Page 13 of 27 5th October, 2026 1 ABA-3499-2025-.DOC skt "कल असंल्र्याचा क्र्यात आहत. उपरोक्ता ळूनां कणतह' ळूथे आर्याडी'च्र्या मान्र्यातच्र्या संभात प्रस्तव माध्र्याशिमाक कर्यासंनांकडी प्रप्त झालल नांह' त्र्यामा@ळू त्र्यावरो कर्यावह'चा प्रश्न शिनांमाण हत नांह'. र्याचाचा अथे प्रस्त@त कर्यालर्यामाफ त ळूथे आर्याडी' नां तचा संरो कमाचाऱ्र्याचा डी@णिXलक " ह' ळूथे प्रणल!माध्र्या संमाविवष्ट करोण्र्यात आल हत ह स्पष्ट हत. संरो डी@णिXलक " ह मा! माझ्र्या स्तरोवरूनां "कल नांह'त असं उर्या पचाभाई र्यानां! लखा! नांमा1 क लल! आहत परोत@ ल>शिर्गनां आर्याडी' आणिण पसंवडी ह' उर्या पचाभाई र्याच्र्याकडी असंल्र्यामा@ळू त्र्याच्र्या स्तरोवरूनांचा संरो करोवई झाल! असंण्र्याचा! क्र्यात आह. त्र्यामा@ळू त्र्यासं श्री! उर्या पचाभाई व ज्र्यानां! डी@णिXलक " स्व!करोल त श्री! मा ह न्ह' अशि&करो' जीबबरो आहत. त्र्यानां! संनांचा आशिथेक नां@कसंनां क ल आह. संरो ळूथे आर्याडी'चा डी@णिXलक " अजी1नांह' र्याव्र्याशितरिरोक्ता व्र्याक्ताa श्री! उर्या पचाभाई र्यानां! भारोल असंल्र्याचा! व श्री! मा र्यानां! स्व!करोल असंल्र्याचा! क्र्यात आह. प्रस्त@त प्रकरोणचा! व्र्याप्त! अजी1नांह' अशि&कचा! असं1 कत व र्यामाध्र्या आणखा! कह' 5th October, 2026 1 ABA-3499-2025-.DOC skt कमाचाऱ्र्याचा संहभार्ग असंण्र्याचा! क्र्यात आह. त्र्यामा@ळू प्रस्त@त प्रकरोणचा संर्याबरो माफ त तपसं करोण्र्यात र्याव व र्ग@न्ह्याचा छडी लवण्र्यात र्याव जी! अशि&करो' ष! दिसंतत त्र्याच्र्याविवरुद्ध फeजीरो' र्ग@न्ह खाल करोण्र्याचा फeजीरो' स्वरूपचा! करोवई करोण्र्याचा! र्ग@न्ह खाल खाल करोण्र्यात र्याव, अ! शिफरोसं करोण्र्यात र्यात आह.” Thus, the said Enquiry Report specifically records that said Uday Vishnu Panchbhai and Manish Sharma are responsible for the fraud. 9. The said Enquiry Report has been signed by the present Applicant in his capacity as Deputy Director of Education and by one Jitendrakumar Gade, Junior Administrative Officer and Shekhar Patil, Chief Clerk of Higher Secondary Department of the Office of Deputy Director of Education. 10. It is relevant to note that said Jitendrakumar Gade, in his statement recorded during the investigation has stated that the said Enquiry Report has been prepared by the Applicant and 5th October, 2026 1 ABA-3499-2025-.DOC skt they have only signed the said report as per the direction of the Applicant. 11. Although, it is submitted by Mr. Gupte, learned Senior Counsel that the Shalarth IDs drafts are prepared by said Uday Vishnu Panchbai, who has been appointed as Accounts Officer after transfer of earlier Accounts Officer- Manish Shaligram Kadam, however, statement of said Manish Shaligram Kadam has been recorded stating that as far as 14 teaching/non- teaching staff of Late Ashok Phdake Madhyamik and Uccha Madhyamik Vidyalaya, the same were added in the Shalarth Pranali when he was working as Accounts Officer. He has stated that the Applicant used to open file on Applicant’s laptop by using login-id and password to open Shalarth Pranali and instructed him to fill the Shalarth Drafts and accordingly, drafts of Shalarth IDs are prepared by him as per the instructions of the Applicant and these 14 staff teaching/non-teaching members have been included in the Shalarth ID Pranali by the Applicant. The following extract of statement of Manish Shaligram Kadam dated 3rd December 2025 recorded during investigation is relevant : 5th October, 2026 1 ABA-3499-2025-.DOC skt " तसेच फिर्या दीत नमुद कै . अशोक टके म ध्र्याफिमक व उच्च म ध्र्याफिमक फिवदर्या लर्या कु न्ह क कोड़ , मुक्त ईनगर फिन. जळग ंव, कम च री संख्र्या १४ र्या ंचे श ल र्थ प्रण लीमध्र्याे ड्र फ्ट मी उपसंच लक, न शिशक र्याेर्थे लेख धि2क री र्या पद वर हजर असत ंन भरलेले आहेत, त्र्या क ल व2ीत शिशक्षण उपसंच लक म्हणुन श्री. बी. बी. चव्ह ण हे होते. क र्या लर्या च तप स अधि2क री र्या ंनी प्र प्त म हीतीच अशिभलेख द खफिवल असत . त्र्या ती प हणी करत सदरचे श ल र्थ आर्याडी ह क र्या लर्याीन वेळनंतर तर्या र झ ल्र्या चे फिदसुन र्याेत आहे. मी क र्या लर्या त असत ंन त त्क लीन शिशक्षण उपसंच लक श्री. बी. बी. चव्ह ण हे त्र्या ंच्र्या कॅ बीनमध्र्याे बसुन त्र्या ंच्र्या समक्ष मल श ल र्थ आर्याडीच ड्र फ्ट भरण्र्या स स ंग र्याचे तपुवA ते स्वतः त्र्या चे लॅपटॉपवर लॉगईन आर्या. डी. व प सवड ट कु न श ल र्थ प्रण ली ओपन करून देत असत व मल अधितरिरक्त क म म्हणून श ल र्थ ड्र फ्ट भरण्र्या स स ंगत असत. फिर्या दीत नमुद १४ कम च री र्या चे श ल र्थ आर्या.डी. मी तर्या र के ले नसुन त त्क लीन शिशक्षण उपसंच लक श्री. बी. बी. चव्ह ण र्या ंनी क र्या लर्या वेळेनंतर र त्री उशीर तर्या र के ल्र्या चे फिदसत आहे. सदर गुन्ह न शिशकरोड पोलीस ठ णे र्याेर्थे द खल झ ल्र्या नंतर त त्क लीन शिशक्षण उपसंच लक श्री. बी. बी. चव्ह ण र्या ंनी एके फिदवशी मल ोन करून स ंफिगतले की, कै . अशोक डके म ध्र्याफिमक व उच्च म ध्र्याफिमक फिवदर्या लर्या कु न्ह क कोड , मुक्त ईनगर जिज. जळग व, कम च री संख्र्या १४ र्या ंचे श ल र्थ प्रण लीमध्र्याे ड्र फ्ट हे तुझ्र्या क ल व2ीत तर्या र के ले असे हे तुल पोलीस ंनी सदर प्रकरणी जब ब देण्र्या करिरत बोलवले तेव्ह जब ब त स ंग असे स फिगतले पंरतु मी, सदरचे श ल र्थ प्रण लीमध्र्याे ड्र फ्ट भरले नसल्र्या ने मी त्र्या ंन स्पष्ट पणे नक र फिदल , सदर प्रकरण शी म झ क हीएक संब2 न ही.” 12. In this background of the matter, it is significant to note order dated 26th June 2019 issued by Nitin Bacchav, Incharge Deputy Director of Education, Nashik Division, Nashik (Pages 5th October, 2026 1 ABA-3499-2025-.DOC skt 111-112 of Additional Government Pleader’s Compilation), by which approval is given for inclusion of said Urvashi Nimba Choudhary in the Shalarth ID Pranali. Learned Additional Public Prosecutor pointed out Pages 113 to 115 of the compilation, wherein by using said order at Pages 111-112, a bogus order is created by mentioning 14 additional names in addition to said Urvashi Nimba Choudhary. Both these orders are scanned and set out hereinbelow : Pages 111 -112 of the Compilation tendered by Additional Government Pleader : 5th October, 2026 1 ABA-3499-2025-.DOC skt 5th October, 2026 1 ABA-3499-2025-.DOC skt 5th October, 2026 1 ABA-3499-2025-.DOC skt Pages 113 and 115 of the Compilation of Additional Government Pleader : 5th October, 2026 1 ABA-3499-2025-.DOC skt 5th October, 2026 1 ABA-3499-2025-.DOC skt 13. Learned Additional Public Prosecutor has submitted that during investigation, it transpired that letter on Pages 111 to 112 is genuine letter whereas letter at Pages 113 to 115 of the Compilation is bogus letter created on the basis of said letter at Pages 111 to 112. 14. Thus, prima-facie it is clear that names of these 14 teaching/non-teaching staff have been included in the Shalarth ID Pranali when said Manish Shaligram Kadam was working as Accounts Officer in the office of Deputy Director of Education and he has stated that as per the instructions of the Applicant, names of these 14 teaching/non-teaching staff have been inserted in the Shalarth ID. 15. Thus, the contention raised by Mr. Gupte, learned Senior Counsel that powers were given to Accounts Officer, i.e. said Uday Vishnu Panchbhai, after transfer of earlier Accounts Officer Manish Kadam and by misusing the said powers, names of all these 79 teaching/non-teaching staff have been unauthorizedly included in Shalarth ID Pranali by said Uday Vishnu Panchbhai is not correct. In fact, during investigation, it was revealed that names of all these 79 teaching/non-teaching 5th October, 2026 1 ABA-3499-2025-.DOC skt staff have been included in the Shalarth ID Pranali at the instance of the Applicant. 16. The amount involved in the crime is about Rs.9,60,35,631/- (Rupees Nine Crore Sixty Lakh Thirty-Five Thousand Six Hundred Thirty-One Only). As per the prosecution case, although these teaching/non-teaching staff have been appointed by respective schools from the period of 2022 to 2024, their appointments were shown from the year 2012 and on the basis of bogus documents, Shalarth IDs were created and arrears have been paid for more than 10 years by the State Government. This is the public money. 17. It is also required to be noted that admittedly, the Applicant in his capacity as the Deputy Director of Education, Nashik Division, Nashik has given approval for inclusion of names of Priyanaka Vishwanath Salunke, Pallavi Rahul Mahajan and Priya Deepak Masane in the Shalarth ID Pranali. The said order (Pages 81 to 83 of Compilation of Additional Public Prosecutor) issued by the Applicant in his capacity as the Deputy Director of Education specifically records that the proposal has been received from the office of the Education 5th October, 2026 1 ABA-3499-2025-.DOC skt Officer (Secondary), Zillha Parishad, Jalgaon, on 20th February 2024. However, during investigation, it transpired that no such proposal has been sent by the Education Officer (Secondary), Zillha Parishad, Jalgaon. Thus, prima facie the Applicant has created bogus documents and on the basis of the same, an amount of Rs. 9,60,35,631/- (Rupees Nine Crore Sixty Lakh Thirty-Five Thousand Six Hundred Thirty-One Only) was disbursed by the State towards arrears of salaries of these teaching/non-teaching staff members. Thus, the offence is very serious where, custodial interrogation is absolutely essential. 18. The Supreme Court in the decision of State Rep. by the C.B.I. Vs. Anil Sharma1, has held that the custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code of Criminal Procedure, 1973 i.e. Section 482 of BNSS. The effective interrogation of suspected person is of tremendous advantage in disinterring many useful information and also materials which would have 1 (1997) 7 SCC 187 5th October, 2026 1 ABA-3499-2025-.DOC skt been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulted by a pre-arrest bail during the time he is interrogated. The said observations of the Supreme Court are squarely applicable to the present case. Thus, for effective interrogation of Applicant in this serious case having wide magnitude, custodial interrogation is necessary. 19. It is settled legal position that grant of anticipatory bail is very extraordinary remedy. The said power is not to be used in regular course. 20. Accordingly, the Anticipatory Bail Application is dismissed. The ad-interim protection granted to the Applicant stands vacated forthwith. 21. Mrs. Deshmukh, learned Additional Public Prosecutor states that, by looking to the magnitude of the crime and as more than such 1,000 teaching/non-teaching staffs have been appointed in many Educational Institutions in the State of Maharashtra during the period of 2022-2024 by making show of their appointments from earlier period of about more than 10 years and as there are number of Accused involved, the 5th October, 2026 1 ABA-3499-2025-.DOC skt Director General of Police, Maharashtra State has issued detail instructions for a thorough and comprehensive investigation. 22. Thus, in the facts and circumstances, no case is made out for grant of anticipatory bail. 23. The Anticipatory Bail Application is rejected. 24. It is clarified that the observations made in this order are only prima facie observations made for the purpose of deciding the Anticipatory Bail Application. The Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order. [MADHAV J. JAMDAR, J.] 5th October, 2026