Shrikant Dnyanoba Gitte vs The State Of Maharashtra on 22 July, 2026

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    Shrikant Dnyanoba Gitte vs The State Of Maharashtra on 22 July, 2026

         ITEM NO.4                             COURT NO.13                 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).    7766/2026
    
         [Arising out of impugned judgment and order dated 04-10-2025 in BA
         No. 1173/2025 passed by the High Court of Judicature at Bombay at
         Aurangabad]
    
         SHRIKANT DNYANOBA GITTE                                            Petitioner(s)
    
                                                        VERSUS
    
         THE STATE OF MAHARASHTRA & ANR.                                    Respondent(s)
    
         IA No. 107144/2026 - EXEMPTION FROM FILING O.T.
    
         Date : 22-07-2026 This matter was called on for hearing today.
    
         CORAM :
                               HON'BLE MR. JUSTICE K.V. VISWANATHAN
                               HON'BLE MR. JUSTICE ARUN PALLI
    
         For Petitioner(s)                Mr. Amol Nirmalkumar Suryawanshi, AOR
                                          Ms. Damini Vishwakarma, Adv.
                                          Mr. B. Dhananjay, Adv.
    
         For Respondent(s)                Mr. Varad Kilor, Adv.
                                          Mr. Siddharth Dharmadhikari, Adv.
                                          Mr. Aaditya Aniruddha Pande, AOR
                                          Mr. Shrirang B. Varma, Adv.
                                           Mr Anurag Gharote, Adv.(through VC)*
    
                                          Mr. Shreyas Gacche, Adv.
                                          Mr. T. R. B. Sivakumar, AOR
    
    
                                UPON hearing the counsel the Court made the following
                                                   O R D E R
    

    1. Heard Mr. Amol Nirmalkumar Suryawanshi, learned counsel

    for the petitioner and Mr. Shreyas Gacche, learned counsel for

    SPONSORED

    defacto complainant and Mr. Anurag Gharote, learned counsel for
    Signature Not Verified
    the State.

    Digitally signed by
    NIRMALA NEGI
    Date: 2026.07.22
    19:27:13 IST

    Reason: 2. The present petition calls in question the correctness of

    the order dated 04-10-2025 in BA No. 1173/2025 passed by the

    High Court of Judicature at Bombay at Aurangabad. By the said
    order, the prayer for bail of the petitioner was rejected.

    3. When the matter came up for hearing on 29.05.2026, this

    Court enlarging the petitioner on interim bail, made the

    following order:-

    “1. Heard Mr. Amol Nirmalkumar Suryawanshi, learned
    counsel for the petitioner, Mr. Anurag Gharote, learned
    counsel for the State and Mr. Shreyas Gacche, learned
    counsel for the complainant.

    2. When this matter came up for hearing on 15.04.2026,
    the following order was passed by this Court:

    “1. Heard Mr. Amol Nirmalkumar Suryawanshi, learned
    counsel appearing for the petitioner.

    2. Delay condoned.

    3. At the very outset, Mr. Amol Suryawanshi, learned
    counsel, after obtaining instructions and on the own
    volition of the petitioner, submits that according to
    the petitioner, the balance amount payable to the
    complainant is Rs.21,00,000/- (Rupees twenty one
    lakhs). Learned counsel submits that already a sum of
    Rs.29,00,000/- (Rupees twenty nine lakhs) has been
    deposited in the Court and for an amount equivalent
    to Rs.10,00,000/- (Rupees ten lakhs), a land parcel
    has been transferred in the name of the complainant.

    Apart from this, another amount of Rs.10,00,000/-
    (Rupees ten lakhs) has been transferred in the
    account of the complainant. That leaves the balance
    of Rs.21,00,000/- (Rupees twenty one lakhs) which the
    petitioner on his own volition submits that he will
    deposit the balance amount within a month in the
    Trial Court.

    4. Issue notice subject to the condition that the
    petitioner deposits, as undertaken, a sum of
    Rs.21,00,000/- (Rupees twenty one lakhs) with the
    Trial Court on or before 14th May, 2026.

    5. Mr. Varad Kilor, learned counsel appears and
    accepts notice on behalf of the respondent-State.

    6. List the matter on 18th May, 2026.”

    3. In compliance thereof, the amount of Rs.21,00,000/-
    has been deposited in the concerned Trial Court.
    According to learned counsel for the petitioner, the
    complainant in this matter is secured for the amount of
    Rs.70,00,000/- with the deposit of Rs.21,00,000/-.

    4. Last time, when the matter came up for hearing on
    18.05.2026, the State had taken time to file a status
    report/counter affidavit. Till today, nothing is filed.

    5. The petitioner is in custody for about 02 years.

    6. Under these circumstances, we are inclined to enlarge
    the petitioner on interim bail.

    7. Accordingly, the petitioner is enlarged on interim
    bail subject to the satisfaction of the District &
    Sessions Judge-2, Nanded, District Nanded, Maharashtra
    (for short, ‘Sessions Court at Nanded’), in connection
    with Crime No.03/2024 (Special Case No.26/2024)
    registered with Shivaji Nagar Police Station, Nanded,
    District Nanded, Maharashtra for the offences punishable
    under Sections 406, 409, 420, 467, 468, 471 & 506 of the
    Indian Penal Code, 1860 and under Sections 3 & 4 of the
    Maharashtra Protection of Interest of Depositors (in
    Financial Establishments)Act, 1999.

    8. The Sessions Court at Nanded inter alia impose a
    condition to the effect that the petitioner will report
    at the local Police Station once in a week.

    9. The amount lying in deposit in the concerned Trial
    Court shall be kept in a short term FDR in a
    Nationalized Bank on auto renewal basis.

    10. List the matter on 22nd July, 2026.

    11. In the meantime, a last opportunity is given to the
    State to file a status report/counter affidavit.”

    4. We have also seen the status report/counter affidavit
    filed by the State pursuant to the said order.

    5. Considering the fact that the petitioner has undergone

    about two years before he was released on interim bail and that

    post the release of interim bail, there have been no complaints

    against the petitioner, we are inclined to confirm the order

    dated 29.05.2026 granting interim bail to the petitioner.

    6. The petitioner shall continue to be on bail on the same

    terms during the pendency of the trial.

    7. Learned counsel the defacto- complainant submits that the

    amount so deposited before the concerned Trial Court, should be

    released to the defacto-complainant.

    8. Learned counsel for the State submits that there are

    other aggrieved parties.

    9. We say nothing on this aspect here. The defacto-

    complainant is at liberty to file an application before the

    concerned Trial Court and the said Court may keeping in mind

    all the factors involved, make an appropriate order in

    accordance with law.

    10. With the above observations, the special leave petition

    is disposed of.

    11. Pending application(s), if any, shall also stand disposed

    of.

     (NIRMALA NEGI)                                       (MANOJ KUMAR)
     ASTT. REGISTRAR-cum-PS                            COURT MASTER (NSH)
     *appearance not given
    



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