- 1 - aba1724.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 901 ANTICIPATORY BAIL APPLICATION NO. 1724 OF 2026 Faiyyaz Altaf Deshmukh ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. Siddique Zeeshan Tehseen, Advocate for Applicant Mr. A. R. Kale, APP for the State. CORAM : R. M. JOSHI, J. DATE : 8th SEPTEMBER, 2026. PER COURT : 1. Learned Counsel for Applicant seeks interim relief. In support of his submissions, it is his contention that since the provisions of Multi State Cooperative Societies Act are applicable to the present case, in view of provisions of Sections 83, 84 and 104 of the Act, the present First Information Report itself is not tenable. In order to support said submission, it is his further argument that in case of recovery of any money due from any officer of Multi State Cooperative Society/bank, it is open for the bank to adopt the procedure as laid down by Sections 83 and 84 of the Act. In such circumstances, according to him, question of First Information Report being held maintainable does not arise. It is further argued that in view of statutory provisions of arbitration in the said act, parties must go for - 2 - aba1724.26.odt the arbitration and no offence would be tenable. It is his submission that even if the allegations against the Applicant are accepted to be true, this is not a case of custodial interrogation of the Applicant and he makes a statement on instructions that the Applicant is ready to deposit sum of Rs. 7,00,000/- which is allegedly yet to be paid by the Applicant. It is his submission that the Applicant is ready to cooperate in the investigation and as such, he is entitled for interim protection. 2. Learned APP opposed grant of any interim protection to the Applicant. 3. Prima facie perusal of the record more particularly First Information Report clearly indicates that there are specific allegations against the present Applicant, who is the Manager of the Bank, of commission of act of mis-appropriation. Needless to say that the employees of the bank more particularly officer who is working as a Manager holds the post of trust. Undeniably, the offence in question is an economic offence and has to be dealt with all seriousness. - 3 - aba1724.26.odt 4. This is not a case wherein apparently there is reason to believe that this could be a case of false implication. Merely because there are provisions under the Multi State Cooperative Societies Act prescribing procedure for recovery of money due from the employee/officer, lodging of the First Information Report in respect of penal offences is not precluded when prima facie offence is made out against any person. 5. As far as contention of learned Counsel for the Applicant with regard to provisions of arbitration under the said Act is concerned, this Court finds no justification to agree with the said contention for the simple reason that arbitration can be in respect of the matters covered by the said Act and not in respect of offences under penal laws. The offences prescribed therein are offences under the said Act and not under Indian Penal Code of Bharatiya Nyaya Sanhita. Prima facie, this Court finds the complicity of Applicant in this crime and substance in the contention of learned APP that this case requires custodial interrogation of Applicant. Merely because Applicant now proposes to deposit amount of mis-appropriation, he is not entitled for any relief at this stage. - 4 - aba1724.26.odt 6. In view of the above, this Court is not inclined to grant any interim relief to the Applicant. Since interim relief is refused, the Court has no other option but to reject the entire application. Hence, application stands dismissed. ( R. M. JOSHI, J.) dyb