The ingredients of Section 409 of the Indian Penal Code (IPC) cannot be attracted if the accused is not a public servant or a person in a fiduciary relationship with the victim.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1354 OF 2022 Mangesh s/o Vilas Giradkar vs. The State of Maharashtra CRIMINAL APPLICATION (BA) NO. 1408 OF 2022 Lokesh s/o Marotrao Rehapade vs. The State of Maharashtra (In Jail)

CRIMINAL APPLICATION (BA) NO. 1445 OF 2022 Yogesh Marutrao Rehpade vs. The State of Maharashtra (In Jail)

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

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Mr. Sanket K. Bhandarkar, Advocate for applicants.

Mr. V. A. Thakre, APP for respondent State.

CORAM : ANIL L. PANSARE J.

DATE : 11/01/2023 Heard.

2. The applicants have filed these applications under Section 439 of the Criminal Procedure Code, 1973 (CrPC). They have been arrested in December, 2019 in Crime No.1012 of 2019, registered with Police Station Chandrapur City, District Chandrapur for the offence punishable under Sections 406, 409, 420, 120-B read with Section 3 of the Maharashtra Protection of Interest of Depositors Act, 1999 (MPID Act).

3. The learned counsel for the applicant submits that multiple crimes came to be registered against the applicants in various districts in Maharashtra, so also in Surat at Gujrat for similar such offences. The accusation is that they have introduced Recurring Deposit Scheme with attractive returns in the form of interest and duped many persons.

4. Learned counsel for the applicant further submits that the property belonging to the applicants have been seized by the Investigating Agency. The value of the property according to him is sufficient to protect the interest of the investors. He also submits that in the crimes of similar nature, this Court was pleased to grant bail to some of the applicants vide order dated 26/09/2022 in Criminal Application (BA) No.1114 of 2022 and similar such other matters, the details of which are as follows :-

5. One of the contentions raised by the applicants is that the ingredients of Section 409 of the Indian Penal Code (IPC) could not be attracted, considering the fact that the Society under question and the applicants who are responsible to run its business are neither a public servant, nor a banker, merchant, factor, broker, attorney or agent. Prima facie there appears arguable case in favour of the applicants, since the Society under question has been registered with bject that relates to encouraging agricultural business.

6. The other offences under which the applicants have been booked has maximum punishment of seven years. The applicants are in jail for considerable period viz more than 3½ years. The charges have not been framed. It will take some time to commence and conclude the trial.

7. Learned APP however, submits that if the applicants are released on bail, they may tamper with the prosecution evidence or influence the prosecution witnesses. The apprehension can be dealt with by putting applicant to appropriate terms. In the facts and circumstances of the present case and considering that the applicants are in jail more than

3½ years, they are entitled to be released on bail, Hence the following order :-

ORDER A) Criminal Applications are allowed.

B) The applicants, namely, (1) Mangesh s/o Vilas Giradkar (2) Lokesh s/o Marotrao Rehapade and (3) Yogesh Marutrao Rehpade be released on bail in Crime No.1012 of 2019 registered with Police Station, Chandrapur City, District Chandrapur for the offences punishable under Sections 406, 409, 420, 120-B of the Ind