Bombay High CourtPramod Bhaichand Raisoni And ... vs The State Of Maharashtra on 20 July, 2022Bench: Mangesh S. Patil920.BA.1525.21.odt\n\n\n            IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n                       BENCH AT AURANGABAD\n\n                   920 BAIL APPLICATION NO.1525 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                   AND\n\n                   921 BAIL APPLICATION NO.1526 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                   AND\n\n                   922 BAIL APPLICATION NO.1527 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                   AND\n\n                   923 BAIL APPLICATION NO.1528 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                   AND\n\n                   924 BAIL APPLICATION NO.1529 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n\n                                                                                1/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   925 BAIL APPLICATION NO.1530 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   926 BAIL APPLICATION NO.1531 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   927 BAIL APPLICATION NO.1532 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   928 BAIL APPLICATION NO.1533 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   929 BAIL APPLICATION NO.1534 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                930 BAIL APPLICATION NO.1535 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                2/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                AND\n                931 BAIL APPLICATION NO.1536 OF 2021\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n\n                   932 BAIL APPLICATION NO.1537 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   933 BAIL APPLICATION NO.1538 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   934 BAIL APPLICATION NO.1539 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   935 BAIL APPLICATION NO.1540 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   936 BAIL APPLICATION NO.1541 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                3/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   937 BAIL APPLICATION NO.1542 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   938 BAIL APPLICATION NO.1543 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   939 BAIL APPLICATION NO.1544 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                              VERSUS\n              THE STATE OF MAHARASHTRA AND ANOTHER\n                                ...\n                               AND\n\n                   940 BAIL APPLICATION NO.1545 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   941 BAIL APPLICATION NO.1546 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                942 BAIL APPLICATION NO.1547 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                4/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   943 BAIL APPLICATION NO.1548 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   944 BAIL APPLICATION NO.1549 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   945 BAIL APPLICATION NO.1550 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   946 BAIL APPLICATION NO.1564 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                947 BAIL APPLICATION NO.1565 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   948 BAIL APPLICATION NO.1566 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                5/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   949 BAIL APPLICATION NO.1567 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   950 BAIL APPLICATION NO.1568 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   951 BAIL APPLICATION NO.1569 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   952 BAIL APPLICATION NO.1570 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   953 BAIL APPLICATION NO.1571 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                954 BAIL APPLICATION NO.1572 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                6/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   955 BAIL APPLICATION NO.1573 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   956 BAIL APPLICATION NO.1574 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   957 BAIL APPLICATION NO.1575 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   958 BAIL APPLICATION NO.1576 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   959 BAIL APPLICATION NO.1577 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                960 BAIL APPLICATION NO.1578 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                7/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   961 BAIL APPLICATION NO.1579 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                962 BAIL APPLICATION NO.1580 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   963 BAIL APPLICATION NO.1581 OF 2021\n                             WITH BA/636/2020\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   964 BAIL APPLICATION NO.1582 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   965 BAIL APPLICATION NO.1583 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                966 BAIL APPLICATION NO.1584 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                8/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   967 BAIL APPLICATION NO.1585 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   968 BAIL APPLICATION NO.1586 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   969 BAIL APPLICATION NO.1622 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   970 BAIL APPLICATION NO.1623 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   971 BAIL APPLICATION NO.1624 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                972 BAIL APPLICATION NO.1625 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                                9/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                    920.BA.1525.21.odt\n\n\n                                   AND\n                   973 BAIL APPLICATION NO.1626 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                              VERSUS\n                  THE STATE OF MAHARASHTRA\n                                ...\n                               AND\n\n                   974 BAIL APPLICATION NO.1627 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   975 BAIL APPLICATION NO.1628 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   976 BAIL APPLICATION NO.1629 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n                              AND\n\n                   977 BAIL APPLICATION NO.1630 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                               VERSUS\n                     THE STATE OF MAHARASHTRA\n                                  ...\n                                AND\n                978 BAIL APPLICATION NO.1631 OF 2021\n\n              PRAMOD BHAICHAND RAISONI AND ANOTHER\n                             VERSUS\n                   THE STATE OF MAHARASHTRA\n                               ...\n\n                                                                              10/17\n\n\n\n\n::: Uploaded on - 22/07/2022                ::: Downloaded on - 23/07/2022 11:08:03 :::\n                                                                                    920.BA.1525.21.odt\n\n\n\n\n                                              AND\n\n                         979 BAIL APPLICATION NO.1632 OF 2021\n\n                    PRAMOD BHAICHAND RAISONI AND ANOTHER\n                                   VERSUS\n                         THE STATE OF MAHARASHTRA\n                                     ...\n\n                                              AND\n\n                         980 BAIL APPLICATION NO.1633 OF 2021\n\n                    PRAMOD BHAICHAND RAISONI AND ANOTHER\n                                   VERSUS\n                         THE STATE OF MAHARASHTRA\n\n                                        ...\n               Advocate for Applicants : Mr. Mahesh S. Deshmukh\n     APPs for Respondent-State : Mr. A.V. Deshmukh and Mr. S.B. Narwade in\n                               respective matters\n                                        ...\n                            CORAM             : MANGESH S. PATIL, J.DATE              : 20.07.2022\nPER COURT :Heard the learned advocate for the applicants and the learned\n\nAPPs.2.                These are the applications for bail underSection 439of the\n\nCode of Criminal Procedure by two of the accused in different cases which\n\narise out of several crimes registered with different police stations\n\nthroughout Maharashtra which have been clubbed and transferred to and\n\nare pending in the Special Court at Jalgaon established under the\n\nMaharashtra           Protection      of    Interest   of    Depositors         (in     Financial\n\nEstablishment) Act, 1999 (herein after 'the MPID Act'), for the offence under11/17::: Uploaded on - 22/07/2022                          ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odtSection 3as also for offences underSections 406,409,420and120-Bread\n\nwithSection 34of the Indian Penal Code.3.               The applicant No.1 is the Ex-Chairman and the applicant No.2 is\n\nthe Ex-Director of a Multi-State Cooperative Credit Society. There are 81\n\ncases of which 77 are police cases and four are private complaints.4.               The learned advocate for the applicants would submit that they\n\nwere arrested on 02.02.2015 and remained in police custody in aggregate\n\nfor 210 days in different crimes. They along with few other accused had\n\napproached this Court. Their bail applications were rejected. The order of\n\nthis Court was challenged before the Supreme Court but the Special Leave\n\nPetition (Crl.) was dismissed.5.               The learned advocate for the applicants would submit that since\n\nafter rejection of earlier applications for bail, a period of more than four\n\nyears has elapsed. Pursuant to the directions of the division bench of this\n\nCourt the matters were clubbed and transferred to Jalgaon. The special\n\ncourt was expected to undertake the hearing expeditiously. If all the charge\n\nsheets are taken into account there would be around 1800 witnesses. The\n\nlearned Judge of the special court in the report forwarded in May has\n\nmentioned about only 288 witnesses having been examined till 12.04.2022.\n\nThere is no possibility of the trial getting over even in next few years. The\n\napplicants have been in jail for more than 6 ½ years. Since it is a case underSpecial Actthe maximum punishment awardable under the MPID Act would\n\nbe 6 years. In 14 matters the accused have been released on bail by various12/17::: Uploaded on - 22/07/2022                  ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odt\n\n\ncourts.      In couple of matters this Court has protected them and in one\n\nmatter even the case has been closed by filing 'B' summary report. The\n\napplicants are aged 60 and 75 years.          They are suffering from various\n\nailments. Permanent incarceration cannot be permitted. It would be against\n\nthe personal liberty enshrined underArticle 21of the Constitution of India.6.               The learned advocate also submits that number of properties\n\nworth more than 140 crores have already been seized under the provision of\n\nthe MPID Act by issuing necessary notification. He would cite decision in\n\nthe matter of Union of India Vs. K.A. Najeeb; (2021) 3 Supreme Court Cases\n\n713, Jahir Hak Vs. State of Rajasthan; 2022 All.M.R.(Cri) 2284 and Ashim\n\n@ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @\n\nAseem Kumar Bhattacharya Vs. National Investigation Agency; Criminal\n\nAppeal No.1525/2021 dated 01.12.2021.7.               The learned APPs strongly opposes the request. He submits that\n\nthere are no supervening events since rejection of the earlier applications for\n\nbail, except lapse of time. There are no other grounds to reconsider the\n\nrequest. It is a serious economic offence. This Court had considered the\n\ncase on merits and had rejected the applications for bail. Even the Supreme\n\nCourt had confirmed the order. Pertinently, even then the Supreme Court\n\nhad refused to cause any interference in the order of this Court\n\nnotwithstanding long period of custody and being without deposit of\n\nreasonable amount of the alleged misappropriated/defalcated money. This\n\nimpediment still continues.13/17::: Uploaded on - 22/07/2022                 ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odt8.                He submits that the Special Court has been conducting the\n\nhearing regularly. Several matters have become part heard. As on today\n\n315 witnesses have been examined. The applicants are also to be blamed\n\nfor the delay. The alleged misappropriation in aggregate is of more than one\n\nthousand crore rupees. The applications may be rejected.9.                I have carefully considered the rival submissions and perused\n\nthe papers.10.               At the outset, it is necessary to mention that the learned\n\nadvocate for the applicants has not, and in my considered view rightly,\n\nargued on the merits of the matters. The entire emphasis has been laid on\n\nthe supervening events.11.               Besides, since this Court has already considered the request of\n\nthe applicants as also the other accused on merits and has rejected the\n\nearlier applications for bail and the order having been confirmed by the\n\nSupreme Court, one need not and cannot enter into the aspect of sufficiency\n\nor otherwise of the material collected during investigation making out\n\nstrong case against the applicants.12.               Turning to the aspect of supervening events or change in the\n\ncircumstances, certainly a period of more than four years has elapsed since\n\nrejection of the earlier applications for bail.       It is also apparent that a\n\ndivision bench of this Court while clubbing different cases and transferring\n\nthem to the Special Court at Jalgaon had directed the Special Court to\n\nconduct the hearing expeditiously rather with expectation that preferably14/17::: Uploaded on - 22/07/2022                  ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odt\n\n\nthe special court would conduct the trial on day to day basis. It is also true\n\nthat in the matters of Union of India Vs. K.A. Najeeb, Jahir Hak Vs. State of\n\nRajasthan and Ashim @ Asim Kumar Haranath Bhattacharya (supra) the\n\naccused were granted bail involving the matters under theUnlawful\n\nActivities Prevention Act. There is also material to show that pursuant to\n\nthe provision of the MPID Act even the State Government has issued a\n\nnotification attaching as many as 22 properties worth around 150 crores. It\n\nalso appears that the number of witnesses would run into several hundreds\n\nand even it is apparent that the trial is unlikely to get over in the foreseeable\n\nfuture and would take may be another year or so.13.               However,           in    my   considered     view,     the     aforementioned\n\ncircumstances are not sufficient enough to enable this Court to reconsider\n\nthe request for bail.14.               It is an economic offence of a great magnitude, involving\n\nseveral accused who are the office bearers and employees of a credit co-\n\noperative society. They have allegedly committed the crime by hatching a\n\nconspiracy and in a systematic manner.                       Considering the fact that the\n\nmaximum           punishment              awardable   for   the   offences       could      be     life\n\nimprisonment, the fact that the applicants have been behind the bar for 6 ½\n\nyears would not bring their case underSection 436-Aof the Code of\n\nCriminal Procedure.15.               Admittedly, the Special Court is making every endeavour to\n\nconduct the trial expeditiously. As is submitted by the learned APP 31515/17::: Uploaded on - 22/07/2022                             ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odt\n\n\nwitnesses have been examined by now. The division bench had clubbed the\n\nmatters and transferred the cases to Jalgaon by the order dated 02.05.2019.\n\nAfter such clubbing, in the wake of pandemic perhaps some time was lost.16.               Besides, the leaned Judge of the special court while rejecting\n\nthe applicants application for bail by his recent order dated 12.02.2021 has\n\neven referred to the efforts being taken by him in conducting the matter and\n\nalso the circumstances which prevented him from commencing the trial\n\nsome of which have been attributed to the accused persons as also.\n\nPertinently, even he has referred to a circumstance wherein the accused\n\nwere got transferred on a production warrant from a Magistrate from\n\nRajasthan but they were not sent back. The jail authorities at Jalgaon had\n\ninformed him that Rajasthan police were not bringing the accused back and\n\nwere about to release them. The special court had to thereafter pass an\n\norder addressing a letter to the Director General of Police, Rajasthan and it\n\nis thereafter that they could be brought back to Jalgaon jail.17.               Apart from the above state of affairs, at the cost of repetition, it\n\nis necessary to bear in mind that while dismissing the Special Leave Petition\n\nof the applicants and the other accused the Supreme Court had on an earlier\n\noccasion refused to interfere in the order of this Court refusing bail by\n\nspecifically observing that no interference in the order of this Court\n\nnotwithstanding long period of custody and being without deposit of\n\nreasonable amount of the alleged misappropriated/defalcated money. Even\n\ntoday, the applicants and the other accused have not deposited reasonable16/17::: Uploaded on - 22/07/2022                     ::: Downloaded on - 23/07/2022 11:08:03 :::920.BA.1525.21.odt\n\n\namount as was expected by the Supreme Court. Therefore, this would be an\n\nadditional reason for refusing to grant bail.18.               With respect, the decisions in the matter of Union of India Vs.\n\nK.A. Najeeb, Jahir Hak Vs. State of Rajasthan and Ashim @ Asim Kumar\n\nHaranath Bhattacharya (supra) have been rendered in the peculiar facts and\n\ncircumstances of the case obtaining therein, none of the circumstances\n\nwhich are peculiar to the matter in hand were before the Supreme Court.19.               Taking into consideration all the aforementioned state of affairs,\n\nin my considered view, the applicants are not entitled to be released on bail.20.               The Applications are rejected.(MANGESH S. PATIL, J.)\n\nhabeeb17/17::: Uploaded on - 22/07/2022                    ::: Downloaded on - 23/07/2022 11:08:03 :::