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2026 DAILYLAW 5714 (BOM)

MOHAN @ PRASAD SIVERAM PILLAI v. THE STATE OF MAHARASHTRA

BA/934/2026 · 2026-09-02

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

35.BA.934.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.934 OF 2026 Mohan @ Prasad Siveram Pillai .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Vaibhav Jagdale, Advocate for Applicant.  Mr. Amit A. Palkar, APP for Respondent.  PSI – S. V. Jadhav, Alankar Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 02, 2026 P.C. : 1. Heard Mr. Jagdale, learned Advocate for Applicant and Mr. Palkar, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of the Criminal Procedure Code, 1973 seeking Bail in connection with C.R. No.32 of 2024 registered with Alankar Police Station for offences punishable under Sections 406, 420, 120(B) read with Section 34 of the Indian Penal Code, 1860; Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999. 3. Applicant is one of the 12 Accused persons.. His name has been disclosed in Accused No.4’s statement of he having received an amount of Rs.10,00,000/- as commission when the transaction of an 1 of 4 35.BA.934.2026.doc amount of Rs.55,00,000/- between Accused Nos.4 and 6 had taken place. Save and except the aforesaid statement, there is nothing incriminating that has been placed on record by the prosecution to show that the Applicant had received any monies in his bank account. 5 out of 12 Accused persons have already been granted bail. 4. The case of the Applicant is prima facie on parity with the other Accused persons who are also indicted for a similar offense of having received commission out of the proceeds of crime. However, there has to be prima facie evidence and material to show that the Applicant had indeed received any of the aforesaid amounts so as to indict the Applicant. In that view of the matter, the Applicant has made out a case for grant of bail. Applicant has been indicted and arrested on 11.04.2024 and is in incarceration since then for the past two years and seven months. 5. Prima facie, Applicant’s direct role not having been established despite the charge sheet having been filed in the year 2024 and the Applicant being a senior citizen above 65 years of age, I am inclined to allow the Applicant’s Bail Application. Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 32 of 2024; (ii) Applicant is directed to be released on bail on 2 of 4 35.BA.934.2026.doc furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. It is clarified that the observations made in this order are 3 of 4 35.BA.934.2026.doc limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.02 18:39:23 +0530