Bombay High Court
Case Details
aba-944-2022 aw.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.944 OF 2022 WITH APPLN/2524/2022 1. 2. Suresh s/o Pandharinath Kale, Age : 35 years, Occu. Agril., R/0112, Warudi (Bk), Tq. Paithan, Dist. Aurangabad. Devidas s/o Jagannath Galdhar Age : 35 years, Occ. Agril., R/o Warudi, Tq. Paithan, Dist. Aurangabad VERSUS The State of Maharashtra Through Police Station Officer, MIDC Paithan Police Station, Tq. Paithan, Dist. Aurangabad ...Applicants ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1010 OF 2022 WITH APPLN/2523/2022 Avinash Kondiram Tattu, Age : 36 years, Occu. Agricultural, R/o. Changatpuri, Tq: Paithan, Dist. Aurangabad. VERSUS The Police Inspector, Police Station, Paithan, Tq. Paithan, Dist. Aurangabad ...Applicants ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1011 OF 2022 WITH APPLN/2525/2022 Badrinath Kondiram Tattu, Age : 41 years, Occu. Agricultural, R/o. Changatpuri, Tq: Paithan, Dist. Aurangabad. ...Applicants aba-944-2022 aw.odt (2) VERSUS The Police Inspector, Police Station, Paithan, Tq. Paithan, Dist. Aurangabad ... ...Respondent
Legal Reasoning
prove that the sugarcane was sown last year. Prima facie evidence is available against all the accused. It is a big scam. The scammers have systematically cheated the factory and put a huge loss. The police interrogated the witnesses in detail and found connections of the applicants with the other co-accused. Hence, the applications deserve to be dismissed. 10. Learned counsel Mr. K.N. Shermale for the complainant has argued at length opposing each and every application. Unless the agriculturist has the registration of sugarcane, it is not allowed to be received for its crushing. The registration of the sugarcane record is submitted through the Director of Sugar, Aurangabad, to the Commissioner of Sugar, Pune. The concerned authority verifies the record i.e. availability of sugarcane in the operational area of the sugar factory then permission is granted for crushing the sugar. A large number of accused have been involved in this socio-economic offence. Some are the employees. Few are the agents and the farmers. Some of them were playing a double role as employees of the factory as well as agents. A large number of shareholders have been highly affected due to the fraud played by the accused. If the applicants are aba-944-2022 aw.odt (9) released, they may hamper and tamper with the prosecution witnesses. A big scam of more than one crore has been discovered. The investigation officer has to examine and inspect the record of a large number of vehicles which brought the sugarcane. The offence is serious and grave. Barely depositing the money would not excuse the applicants for the punishment of the offences they have committed. The present applicants knew well that the false bills were created in their name, but they kept mum. The conduct of the applicants can be seen that they have the courage to create a false 7/12 extract after registering the FIR against them. In the other two cases, he has the same arguments. In a nutshell, his arguments were that each applicant had full knowledge involved in cheating the factory. They have also assisted the staff in preparing the forged bills and records. Therefore, the applications may be dismissed. 11. Perused the papers produced by the prosecution, the applicants, and the complainant with their respective applications and objections. It seems that the offence is technical. Various procedures have to be followed before receiving the sugarcane for crushing. The employees have to play a different roles. A separate arrangement was made in the factory to weigh trucks, tractors and bullock carts. The relevant data was to be fed into the BOSS ERP App. The record reveals that the receipts were created for the vehicles which were never brought to the factory. The bullock carts were given the motor aba-944-2022 aw.odt (10) vehicle numbers, which was most improbable. At the relevant time, applicant Suresh Kale and Devidas Galdhar had no evidence to show that they had sown the sugarcane in their fields. However, surprisingly they have brought a letter from the Talathi that they had sown the sugarcane for the relevant year. The report of the Talathi was strongly opposed by the learned APP and learned counsel for the complainant. The report issued by the Talatahi dated 24.08.2022 reveals that both went to the office of the Talathi and requested to take the sugarcane crop entry in Gut No.69/2, 36 and 27 in 7/12 extract. Therefore, the Talathi took the entry in the 7/12 extract on 24.08.2022. This indicates that the entries were taken in the year 2022. However, Talathi has also stated that for 2019-20, 2021 and 2021-22, there was an entry of Kharip crop in the 7/12 extract. If the incorrect entry is taken in the 7/12 extract, the agriculturist has to apply the Tahsildar to correct the 7/12 extract. The Talathi cannot change the 7/12 extract as done in this case by the Talathi. Before sowing the sugarcane, there is to be a contract with the factory, and the fields were to be inspected and entered into the relevant register of the factory for approval from the Commissioner of Sugar. Considering the procedure, it can be easily understood that the record was to be created to show that the sugarcane was sown. 12. There appears ample evidence of misuse of the App by the employees of the factory. The applicants were well aware of the aba-944-2022 aw.odt (11) excess money deposited in their bank accounts; however, their silence till lodging the FIR speaks volumes. It has also been transpired in the investigation that the accused have also supplied the sugarcane to the other factory. 13. The Bombay High Court in the case of Kalpesh Shamoji Shah Vs. The State of Maharashtra AIR 2021 BOMBAY 2240 has held that merely depositing the amount subsequent to the commission of the crime i.e. registration of the offence, will not absolve the accused from criminal liability. 14. Serious allegations have been levelled against the applicants that they were involved in fabricating the receipts and other material documents. Therefore, its recovery is essential to complete the investigation. Prima facie evidence shows the involvement of all the accused in a series of economic offences. There is also material that the agriculturist has defrauded a huge amount in collusion with the employees of the factory. Considering the prima facie material against the applicants and the gravity of the offence, the Court is not inclined to grant anticipatory bail to the applicants. Hence, all applications stand dismissed. 15. Criminal Application Nos.2524 of 2022, 2523 of 2022 and 2525 of 2022 are allowed. Mujaheed// (S.G. MEHARE, J.)
Arguments
Mr. P.P. More, Advocate for Applicants in ABA/944/2022. Mr. Rahul B. Temak, Advocate for Applicants in ABA/1010/2022 & ABA/1011/2022. Mr. K.N. Shermale, Advocate for Assist to P.P. Mr. K.S. Patil, APP for Respondent-State. ... CORAM : S.G. MEHARE, J. PRONOUNCEMENT ON : 06th OCTOBER, 2022 RESERVED ON : 12th SEPTEMBER, 2022 ORDER :- 1. All these applications are arising out of Crime No.0119 of 2022 registered with Police Station MIDC., Paithan, District Aurangabad for the offences punishable under Section 406, 409, 420, 464, 468, 470, 471 r/w 34 of the Indian Penal Code. 2. It is the case of complainant that he took Shri Saint Eknath Co-operative Sugar Factory Ltd., Paithan to run. The slipboys were appointed in different groups. Namdev Dhondiram Tattu a slipboy was working in Pategaon, Taluka Paithan since 2020. He had also an agreement of two bullock carts, tractor to transport the sugarcane with factory. The slipboy was to take the entries of the sugarcane in his group, to serially give the sugar cutting to the concerned agriculturist, examine the type of the vehicle like tractor, truck or the bullock cart. Such information was to be uploaded on aba-944-2022 aw.odt (3) BOSS ERP App. After feeding the data in that App, a token number was generated. The slipboy has to deliver that token number to the driver of concerned vehicle. The detail information about the name of the village, boundaries, gut number had been feeded through the App. The sugarcane was to be weighed as per the token number and receipt is prepared. After that, the bills were prepared according to token number in the name of the agriculturist. Two weigh bridges were used for weighing the sugarcane brought in bullock cart, one weigh bridge was used for truck and tractor and one weigh bridge was unused. It was transpired that on the weigh bridge for truck and tractor the sugarcane brought in bullock carts were weighed and bill were prepared. The complainant got suspicious; hence, he examined CCTV footage and learnt that on 03.04.2022, 20.04.2022, 23.04.2022 and 25.04.2022, no bullock carts came, but it was shown that bullock carts came and the sugarcane is received to the factory and it was sent for crushing. When the enquiry was made in detail, it was transpired that slipboy Namdev Tattu was misusing the App given to him. He fed the false data in that App in the name of the agriculturist who had no land/field in the village. He also took disadvantage of being transport Mukadam. He also tried to show that he brought sugar cane, in his own bullock cart. Sugarcane weigh operator Vijay Daspute and Ramdas Ghodke were also with Namdev Tattu. They have prepared the false receipt of receiving the sugarcane. Vijay Daspute had aba-944-2022 aw.odt (4) prepared a false receipt in the name of his wife. His wife had no field at Mauja Saigaon, Taluka Paithan. It was shown that he has supplied 255.618 ton sugarcane; however, it was shown that it was brought in bullock carts. Vijay Daspute weighed the bullock carts. However, no sugarcane was supplied as such. The same thing was done by Namdev Tattu, and it was also transpired that the sugarcanes were shown produced in the barren lands. By doing such illegalities, the accused have put a big loss to the factory. 3. The applicant Suresh Pandharinath Kale and others in Anticipatory Bail Application No.944 of 2022 have the case that they are agriculturists. The officers of the sugar factory used the 7/12 extracts of their fields without their knowledge, and fake bills were drawn. The applicants were unaware till they came across a newspaper. Then the applicants enquired and learnt that more than Rs.2 lacs were deposited in the bank accounts. They immediately withdrew the said amount and deposited it with the police officers. They have filed an affidavit in reply contending that they have cultivated the sugarcanes in their fields and supplied the sugarcane to the factory. Due to the computerisation of the 7/12 extract, year-wise crop entries were not taken in the revenue record. However, the Talathi has recently issued them the 7/12 extract to satisfy the Court that they have sown the sugarcane at the relevant time. Still, its Khondwa (residue stump of sugarcane) are there to prove last year aba-944-2022 aw.odt (5) also sown the sugar cane. They have filed the receipt issued by the factory. The receipt in the name of applicant Devidas is dated 14.01.2021; however, the receipt in the name of applicant Pandharinath does not bear the date. Pandharinath died on 01.05.2021. They have also filed the affidavits of adjoining land owners to prove the applicant had cultivated the sugarcane for 2020- 21. The panchanama dated 24.08.2022 is also placed on record to make out the case strong that there were sugarcanes in their fields. 4. In Anticipatory Bail Application No.1010 of 2022, the applicant has the case that the applicant Avinash Kondiram Tattu was an employee of the factory. His job is out of the sugarcane factory campus. He has no concern with the receipt of the delivery of the sugarcane or with creating any record of weight or bills. He has been arraigned as an accused just because his cousin Namdev Tattu is an accused in the crime. The applicants have cultivated their fields and sown the sugarcanes. 5. In Anticipatory Bail Application No.1011 of 2022, the applicant Badrinath has a stand that the prosecution case is based only on the confession of the arrested accused, which is not admissible. There are no specific allegations against him. He was transporting the sugarcane to the factory through the tractor with attached bullock carts. The registration number of the tractor was shown in the register entry. He also cultivated the sugarcane in his aba-944-2022 aw.odt (6) field at Changatpuri and Chanakwadi and supplied the same to the sugar factory. He has received the part payment of the sugar. He is not concerned with the business of the factory. He has no connection with the receipt of delivery of sugarcane or created any record of the weight or bills. There are no specific allegations against him. Nothing is to be recovered from him. It is a cooked story. His name has been transpired belatedly. Therefore, he has been falsely implicated in the crime. He is ready to abide by the conditions imposed on him if enlarged on anticipatory bail. 6. The stand of the applicant in Anticipatory Bail Application No.1011 of 2022 is that the case is based only on the confession of the co-accused. It is not admissible evidence. He transported his sugarcane to the tractor with an attached bullock cart trolley. Hence, his tractor was correctly registered. He has personally cultivated the fields owned by him in villages Changatpuri and Chanakwadi. His name has been falsely implicated in the crime. 7. Learned counsel Mr. More appearing for applicants Suresh Kale and another has vehemently argued that the applicants have no role to play. However, they have been made the scapegoat. The complainant is taking the disadvantage of not having the crop entry in the revenue record. The documents on record prove that they have sown the sugarcane in their fields, and the factory issued the receipt signed by the fieldsman. Before sowing the field, the plots of aba-944-2022 aw.odt (7) the applicants were inspected, and then the crop was sown. As soon as they learnt that more amount had been transferred to their bank accounts, they immediately withdrew the amount and deposited it with the police. They are law-abiding and poor agriculturists. Hence, they may be released on anticipatory bail. 8. The learned counsel Mr. R.B. Temak for the applicants Avinash Tattu and Badrinath Tattu has vehemently argued that the crop purchase bills were correctly issued in their names. The crop cutting document for the years 2021-22 shows their name with their field gut numbers. In BOSS ERP App, the slips were issued since the bullock cart trolleys were attached to the vehicles. The vehicle number has been shown. That does not mean that the applicants did not supply the sugarcane to the factory. He has referred to various other receipts and photographs of the bullock cart trolleys. He has tried to argue that the weighbridge operator might have got a little confused about the bullock cart trolleys. Since his bullock cart trolleys were attached to the tractors, the complainant was confused that the bullock carts were weighed on the weighbridge reserved for the trucks and tractors. Various slips were received from time to time. The 7/12 extract shows the field in their name. Therefore, applications may be allowed. 9. Learned APP strongly opposed the application contending that after the report was lodged, applicant Suresh and others got aba-944-2022 aw.odt (8) incorrect 7/12 extract showing that they had sown the sugarcane in their fields. They never cultivated the sugarcane for the year 2020-21. The residue stumps are also used for the first sowing operation of the sugarcane. Therefore, having such stumps in the field now does not