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Mahesh Laxman Vadagavi vs The State Of Maharashtra on 23 February, 2023

Bench: Aniruddha Bose, Sudhanshu Dhulia

                                                       1

                                   IN THE SUPREME COURT OF INDIA
                                  CRIMINAL APPELLATE JURISDICTION



                                  CRIMINAL APPEAL NO. 580 /2023
                                    (@ SLP (CRL.)NO. 10482/2022)



                          MAHESH LAXMAN VADAGAVI & ORS.                      APPELLANT(S)

                                                           VERSUS

                          STATE OF MAHARASHTRA                               RESPONDENT(S)


                                                      O R D E R

Leave granted.

The plea for anticipatory bail of the appellants has been rejected by the High Court primarily on the basis of an audit report which appears to disclose irregular disbursement of loan by a co-operative credit society. The State’s contention is that all the three appellants were directors of the society at the material time.

We have been taken through the allegations against the appellants, but we are not satisfied that the custodial interrogation is necessary for effective investigation of the Signature Not Verified Digitally signed by GEETA AHUJA Date: 2023.02.23 offences alleged to have been committed by the 16:31:18 IST Reason: appellants.

We, accordingly, set aside the impugned order and direct that in the event the appellants are arrested in connection with the offences registered with FIR No. 0217 dated 22.08.2019 in the police station Koregaon, District Satara, Maharshtra, they shall be released on bail on such terms, the concerned Trial Court may consider fit and proper.

The appellants, however, shall cooperate with the investigating agency and in the event, there is any lapse or default on the part of the appellants in that regard, it shall be open to the State to seek cancellation of bail before the Trial Court itself without any further reference to this Court.

The appeal is allowed in the above terms. Pending application(s), if any, shall stand disposed of.

.......................J. ( ANIRUDDHA BOSE ) .......................J. ( SUDHANSHU DHULIA ) NEW DELHI 23 FEBRUARY, 2023  3 ITEM NO.6 COURT NO.11 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 10482/2022 (Arising out of impugned final judgment and order dated 27-09-2022 in ABA No. 1291/2021 passed by the High Court Of Judicature At Bombay) MAHESH LAXMAN VADAGAVI & ORS. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (IA No. 167494/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 167495/2022 - EXEMPTION FROM FILING O.T.) Date : 23-02-2023 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Prashant Shrikant Kenjale, AOR For Respondent(s) Mr. Yatin Jagtap, Adv.

Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv.

Mr. Sourav Singh, Adv.

Mr. Anand Dilip Landge, AOR Ms. Meghna Ashok Gowalani, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed and the appellants are granted anticipatory bail in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(SONIA GULATI) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file)