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2026 DAILYLAW 4920 (BOM)

PREMLATA BADRINARAYAN BAHETI v. STATE OF MAHARASHTRA THR BITARGAON PS DIST. YAVATMAL

BA/1014/2026 · 2026-08-27

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Judgment text

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1 46-Cr.BA-1014-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1014 OF 2026 Sau. Premlata Badrinarayan Baheti -- 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. Piyush Joshnival, a/w. Mr. Nilabh Joshnival, a/w. Mr. Abhishek Samdhekar, Advocates for the Applicant. Mr. N.B. Jawade, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 27, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.320/2024 for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, 1860, and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, registered with Police Station Bitargaon, District Yavatmal. 3. The prosecution case, as reflected in the First Information Report, is that the informant and other depositors were induced by the accused, including the Branch Manager and office-bearers of Piyush Mahajan 2026:BHC-NAG:11203 2 46-Cr.BA-1014-2026 the Rajasthan Multistate Co-operative Credit Society, Dhanki Branch, to deposit their savings on the representation of higher returns. The informant deposited an amount with the Society and, upon seeking withdrawal, was allegedly denied payment on the ground of insufficient funds. It is further alleged that the accused, acting in furtherance of a common intention, failed to return the deposits of the informant and other depositors, resulting in an alleged loss of approximately Rs.2,00,51,000/-. On these allegations, the F.I.R. came to be registered. 4. The learned counsel for the applicant submits that, in the First Information Report, the name of the present applicant is shown as one of the Directors of the Rajasthan Multistate Co-operative Credit Society, Parli Vaijnath, Branch Dhanki. He submits that the applicant is neither a Director of the Society nor she has any concern with the said Society. However, he submits that she is the wife of Badrinarayan Baheti, who is the Secretary of the said Credit Society. Even in the entire charge-sheet, not a single witness has stated that the applicant had induced any of the victims to deposit their money in the Credit Society. In the absence of any such allegations in the entire charge-sheet, merely the applicant being shown as a Director, that by itself, is Piyush Mahajan 3 46-Cr.BA-1014-2026 not sufficient. He has also relied upon the communication issued by the Government of India, Ministry of Cooperation, Office of the Central Registrar of Co-operative Societies, wherein, according to the learned counsel, the name of the present applicant is not shown either as a member of the said Society or as a Director. Under such circumstances, he submits that, since the applicant has no concern with the said Society, she be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant is a Director, which could be gathered from the F.I.R. itself. The main office of the Society is at Parli Vaijnath, and the branch was opened at Dhanki. The entire amount went to the main branch at Parli Vaijnath, and considering the misappropriation in the present case to the tune of Rupees 2 crore, he submits that all the members, including the Directors, Chairman, Secretary, etc., are responsible for the misappropriation. He further submits that a total of 14 crimes, apart from the present crime, are registered at various places in the State of Maharashtra. Under such circumstances, he submits that the applicant may not be released on bail, since the applicant is a Director of the company. Piyush Mahajan 4 46-Cr.BA-1014-2026 6. I have considered the rival submissions. It appears that the name of the applicant appears in the First Information Report, however, so far as the investigation is concerned, I do not find any role played by the applicant in the papers of investigation. It further appears that she has neither induced any of the Investors/Depositors to deposit the amount in the said credit society, nor does it appear that at any point of time she had been to Dhanki. Though the allegations are against the credit society, the main branch is at Parli Vaijnath, however, considering the nature of the material collected by the Investigating Officer, I am of the considered opinion that the applicant can be released on bail by imposing stringent conditions, since the applicant is a lady and now the investigation is over and the charge-sheet is filed. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Mrs. Premlata Badrinarayan Baheti) be released on regular bail in connection with Crime No.320/2024 for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, 1860, and Section 3 of Piyush Mahajan 5 46-Cr.BA-1014-2026 the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, registered with Police Station Bitargaon, District Yavatmal, on her furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence; (iv) The accused shall provide her residential address and cell number to the Police Station concerned and shall not change her place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If she fails to attend the trial subject to genuine reason to the satisfaction of trial court, or fails to comply with the aforesaid conditions, her default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same. Piyush Mahajan 6 46-Cr.BA-1014-2026 (vii) Pending Misc. Application(s), if any, also stand disposed of [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 28/08/2026 11:42:24