High Court
Legal Reasoning
Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024ANALYSIS8.Having considered the rival submissions at theoutset it is necessary to note basic facts that the applicant wasa politically elected leader of Dhule and was holding electedpositions. Criminal case initiated is on the basis of complaintgiven by the original vendor of the property, who has receivedvaluable consideration for the sale of the property in the year1988. Prima facie, he has no locus to raise any grievance.However, the grievance is raised just before the elections to thepolice by letter dated 05.02.2024. The said letter is sent forverification by the police immediately by letter dated07.02.2024 to the Assistant Registrar, Co-operative Societies,Dhule and the Assistant Registrar on verification of the recordhas registered the FIR on 09.04.2024. None of the members of the society has objected tothe transfer of land from the year 2015. However, the vendor ofthe property, who has received valuable consideration for saleof the property and who has no concern whatsoever with theproperty; writes a letter to the police that there is someirregularity committed by the applicants and on that basis theproceedings are initiated in expeditious manner. ThePage 9 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024proceedings initiated is in the nature of fishing and rovinginquiry.Prima faice, the setting of criminal law in motion istainted with oblique political motive. The allegations againstthe applicant that this is done to inflict political consequencesand to keep the applicant out of the political arena, prima facie,is probable and acceptable. Considering the same, theallegations of the prosecution that the Resolution dated10.08.1997 and the order passed by the Assistant Registrardated 22.06.2015 granting directions to delete the name of thesociety are fabricated documents is prima facie not acceptable. On merits of the case, the State has all opportunityto establish the case, however, the State has made theAssistant Registrar, Co-operative Societies, Dhule, who haspassed the order dated 22.06.2015, as the accused in the casethereby indicating that such an order is prima faice passed bythe Assistant Registrar and the document / order is not afabricated one though it could be possibly done for extraneousconsideration. The mutation entry carried out deleting thename of the society has not been challenged either by themembers of the society or anybody connected with the societyPage 10 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024including the administrator for more than 9 years. However,the person who is not connected with the matter has filed acomplaint and the police immediately has referred the matterto the Assistant Registrar, who in turn has registered an FIR.9.The manner in which the criminal proceedings areinitiated the bonafides of the prosecution are not above doubts.Considering, more particularly, the fact that the applicant wasa political opponent at the relevant time of the government inpower. However, this order would not mean that the crimeunearthed by the investigation (if any) is to be rejectedoutright. The prosecution will have to establish their casebefore the trial court. As of today, the case is based ondocumentary evidence, which are in possession of the State.The case rest on the order dated 22.06.2015 and on theResolution of 10.08.1997 and these documents are inpossession of the State.10.The Hon’ble Supreme Court in the case of BabubhaiVs. State of Gujarat and Ors., 2010 AIR SCW 5126, has heldthat the prosecution has to be fair and should not be carriedPage 11 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024out with ulterior motive. The Hon’ble Apex Court in the case ofBabubhai (supra), while holding that the prosecution has to befair has discussed various Judgment and observed as under:“25. The investigation into a criminal offence must befree from objectionable features or infirmities whichmay legitimately lead to a grievance on the part of theaccused that investigation was unfair and carried outwith an ulterior motive. It is also the duty of theInvestigating Officer to conduct the investigationavoiding any kind of mischief and harassment to any ofthe accused. The Investigating Officer should be fair andconscious so as to rule out any possibility of fabricationof evidence and his impartial conduct must dispel anysuspicion as to its genuineness. The InvestigatingOfficer "is not to bolster up a prosecution case with suchevidence as may enable the court to record convictionbut to bring out the real unvarnished truth". (Vide R.P.Kapur Vs. State of Punjab AIR 1960 SC 866; JamunaChaudhary & Ors. Vs. State of Bihar AIR 1974 SC 1822;and Mahmood Vs. State of U.P. AIR 1976 SC 69).26. In State of Bihar Vs. P.P. Sharma AIR 1991 SC 1260,this Court has held as under:"Investigation is a delicate painstaking anddextrous process. Ethical conduct is absolutelyessential for investigativeprofessionalism. ....Therefore, beforecountenancing such allegations of mala fides orbias it is salutary and an onerous duty andresponsibility of the court, not only to insist uponmaking specific and definite allegations ofpersonal animosity against the InvestigatingOfficer at the start of the investigation but alsomust insist to establish and prove them from thefacts and circumstances to the satisfaction of thecourt. ....Malice in law could be inferred fromdoing of wrongful act intentionally without anyjust cause or excuse or without there beingreasonable relation to the purpose of the exerciseof statutory power....The word `personal liberty'Page 12 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024(under Article 21 of the Constitution) is of thewidest amplitude covering variety of rightswhich goes to constitute personal liberty of acitizen. Its deprivation shall be only as perprocedure prescribed in the Code and theEvidence Act conformable to the mandate of theSupreme Law, the Constitution. The investigatormust be alive to the mandate of Article 21 and isnot empowered to trample upon the personalliberty arbitrarily..... An Investigating Officer whois not sensitive to the constitutional mandatesmay be prone to trample upon the personalliberty of a person when he is actuated by malafides." 27. In Navinchandra N. Majithia Vs. State of Meghalaya& Ors. AIR 2000 SC 3275, this Court considered a largenumber of its earlier judgments to the effect thatinvestigating agencies are guardians of the liberty ofinnocent citizens. Therefore, a heavy responsibilitydevolves on them of seeing that innocent persons arenot charged on an irresponsible and false implication.There cannot be any kind of interference or influence onthe investigating agency and no one should be putthrough the harassment of a criminal trial unless thereare good and substantial reasons for holding it. Cr.P.C.does not recognize private investigating agency, thoughthere is no bar for any person to hire a private agencyand get the matter investigated at his own risk andcost. But such an investigation cannot be treated asinvestigation made under law, nor can the evidencecollected in such private investigation be presented byPublic Prosecutor in any criminal trial. Therefore, thecourt emphasised on independence of the investigatingagency and deprecated any kind of interferenceobserving as under:"The above discussion was made for emphasisingthe need for official investigation to be totallyextricated from any extraneous influence..... Allcomplaints shall be investigated with equalalacrity and with equal fairness irrespective ofthe financial capacity of the person lodging thePage 13 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024complaint. ....A vitiated investigation is theprecursor for miscarriage of criminal justice." (Emphasis added)28. In Nirmal Singh Kahlon (supra), this Court heldthat a concept of fair investigation and fair trial areconcomitant to preservation of the fundamental right ofthe accused under Article 21 of the Constitution ofIndia.29. In Manu Sharma Vs. State (NCT of Delhi) (2010) 6SCC 1, one of us (Hon'ble P. Sathasivam, J.) haselaborately dealt with the requirement of fairinvestigation observing as under:-"...... The criminal justice administration systemin India places human rights and dignity forhuman life at a much higher pedestal. In ourjurisprudence an accused is presumed to beinnocent till proved guilty, the alleged accused isentitled to fairness and true investigation andfair trial and the prosecution is expected to playbalanced role in the trial of a crime. Theinvestigation should be judicious, fair,transparent and expeditious to ensurecompliance with the basic rule of law. These arethe fundamental canons of our criminaljurisprudence and they are quite in conformitywith the constitutional mandate contained inArticles 20 and 21 of the Constitution of India.... It is not only the responsibility of theinvestigating agency but as well as that of thecourts to ensure that investigation is fair anddoes not in any way hamper the freedom of anindividual except in accordance with law. Equallyenforceable canon of the criminal law is that thehigh responsibility lies upon the investigatingagency not to conduct an investigation in taintedand unfair manner. The investigation should notprima facie be indicative of a biased mind andevery effort should be made to bring the guilty toPage 14 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024law as nobody stands above law dehors hisposition and influence in the society.... The Court is not to accept the report which iscontra legem (sic) to conduct judicious and fairinvestigation.... The investigation should be conducted in amanner so as to draw a just balance betweencitizen's right under Articles 19 and 21 andexpansive power of the police to makeinvestigation.....". 11.In terms of the Resolution dated 10.08.1997 theapplicant was given all the rights to dispose or transfer theproperty and to complete all the outstanding payments. It isstated that in pursuance of the Resolution dated 10.08.1997,the applicant had made all the outstanding payments. It isstated in the Resolution that some amounts are contributed bythe members of the society. Since, this society did not becomeoperational the amounts were to be returned to the members.The Chairman was given the right to either dispose the land orto return the amount and transfer the land. The right of thesociety had come to an end in pursuance of the Resolutiondated 10.08.1997.12.The plea made by the complainant, the vendor ofthe property in his complaint dated 05.02.2024, that he hasPage 15 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024sold the property on certain conditions that the propertywould be utilized for benefit of the society and that it waspromised that the vendee would give employment to thecomplainant is not reflected in the sale deed made on01.09.1988. The invocation of criminal process by thecomplaint is for political purposes. Thus, the interim protectiongranted to the applicant deserves to be confirmed.13.The applicant is also granted medical benefit. He isof 83 years old, suffering from medical ailment and this courthas granted bail to the applicant in various matters on medicalgrounds earlier. Considering the same, this would be a case forgrant of anticipatory bail on merits as well as on the grounds ofhealth conditions.CONSIDERATION14.Considering the order in ABA/1322/2024, theinterim relief in ABA/1319/2024 is also confirmed.Page 16 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024ORDER15.In view of the above, the interim protection grantedby orders dated 02.08.2024 in respective applications standsconfirmed, on the following terms:i]The applicants shall attend the police station as andwhen required by the Investigating Officer. ii]The applicants shall not tamper with the evidenceof the prosecution in any manner. They shall notinfluence the informant, witnesses and other personsconcerned with the case. iii]The applicants shall co-operate with theinvestigation and also in the proceedings before the trialCourt. 16.In the event, the applicants violate any of theconditions specified in this order, it shall be liable to becancelled. 17.It is also clarified that the observations made in thisorder are limited to the disposal of the present anticipatorybail application and the trial Court shall proceed further in thematter without being influenced by the observations madehereinabove.Page 17 of 18
Arguments
Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTIONANTICIPATORY BAIL APPLICATION NO. 1319 OF 2024.Ravindra Bhaskar Deshmukh,Age: 71 Years, Occupation: Business,R/o.: Shivaji Road, Opposite Nagarpalika, Dondaicha, Tq.: Shindkheda,District: Dhule.. ApplicantVersus1.The State of Maharashtra2.The Superintendent of Police, Dhule ..Respondents...WITH...ANTICIPATORY BAIL APPLICATION NO. 1322 OF 2024.Hemant Bhaskar Deshmukh,Age: 86 Years, Occupation: Agricultre &Social Worker, R/o.: Shivaji Road,Opposite Nagarpalika, Dondaicha, Tq.: Shindkheda, District: Dhule.. ApplicantVersus1.The State of Maharashtra2.The Superintendent of Police, Dhule ..Respondents…Advocates for Applicants: Mr. Shirish Gupte, Senior Advocate i/b. Mr. Abhay D. Ostwal &Mr. Joydeep ChatterjiAPP for Respondent/State: Mr. A. B. GirasePage 1 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024Advocates for Assit to PP: Mr. Rajendrraa Deshmukkh, SeniorAdvocate a/w. Ms. Meenal S. Deshmukh i/b. Mr. D. M. Shinde…CORAM:ARUN R. PEDNEKER, J.Date:28.01.2025ORDER:1.Heard Mr. Shirish Gupte, learned Senior Advocateinstructed by Mr. Abhay D. Ostwal, Mr. Joydeep Chatterji,learned counsel for the applicants, Mr. A. B. Girase, learnedPublic Prosecutor for the Respondent / State, Mr. RajendrraaDeshmukkh, Senior Advocate a/w. Ms. Meenal S. Deshmukhinstructed by Mr. D. M. Shinde, learned counsel for assist toPublic Prosecutor.2.The applicants have approached this Courtapprehending arrest in connection with Crime No.0093/2024,dated 09.04.2024, registered with Dondaicha Police Station,District Dhule, for the offences punishable under Sections 409,420, 465, 467, 468, 471, 120[B] of the IPC.Page 2 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.20243.This court by orders dated 02.08.2024 grantedinterim protection to the applicants. The same has beencontinued till date.4.The case of the prosecution is that land out of gutno.210, which was later on numbered as 210 part 1 and 210part 2, situated at Taukheda village was purchased for theShindkheda Taluka Kukutpalan Co-operative Society [forbrevity “society”] from the funds of the society in the year1988. At the relevant time, the Applicant - Accused No.1 - Mr.Hemant Bhaskar Deshmukh in ABA/1322/2024 was theChairman of the Co-operative Society and had purchased theland in the name of the society from the funds of the society.However, the Chairman of the society by making fakeresolution and fabricated documents with the aid of thegovernment official i.e. Accused No.3 – The then AssistantRegistrar, changed the mutation entry of the society in hisname and, thereafter, transferred the land of the society to hisfamily members, thereby, cheated the society and hascommitted offence under the aforesaid sections and,accordingly, the FIR is registered against the applicants. Thus,Page 3 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024the applicants had applied for anticipatory bail before thesessions court, which was rejected. The applicants have nowapplied for anticipatory bail before this court.SUBMISSIONS ON BEHALF OF THE APPLICANTS:5.Mr. Shirish Gupte, learned Senior Advocate submitsthat the Applicant / Accused No.1 - Mr. Hemant BhaskarDeshmukh in ABA/1322/2024 was the then Chairman of thesociety. He submits that the land is not purchased by thesociety from the funds of the society. He submits that theapplicant has purchased the same from his own funds andthere is no absolutely evidence that the land was purchasedfrom the funds of the society.It is further submitted that the applicant haspurchased the land from his own funds but there is aoverwriting in the Sale Deed indicating that the applicant /vendee as the Chairman of the society. He submits that this is asubsequent insertion without the initials of the applicant.Notwithstanding the same, he submits that, it is a meredesignation of the applicant. The land was never purchasedfrom the funds of the society nor the payment is made byPage 4 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024cheque. The funds for purchase are provided by the applicant,who was the Chairman of the society and all outstnading duesof the society are also paid by the appilcant; as is reflected fromthe resolution passed by the society dated 10.08.1997 and,accordingly, he had applied to the Assistant Registrar to grant‘No Objection’ for recording the mutation entry in favour ofhimself. The same was granted by the Assistant Registrar, on22.06.2015.He submits that, at best, it could be a civil disputebetween members of the society and the applicant Chairman.The complainant, is the vendor of the land, who had filed thecomplaint to the police and, thereafter, inquiry is conductedand a formal complaint is filed by the Registrar of thecooperative societies.He submits that the crime has been registered after37 years from the registration of the Sale Deed and in anyevent after 12 years from the date of the change of themutation entry. It is further submitted that the applicant is apolitician, who had held high elected positions and is nowtargeted by his opponents, who are in power for politicalreasons. Page 5 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024He further submits that the applicant is 83 yearsold and suffering from various ailments and, as such, this courtmay also consider anticipatory bail on the ground of hismedical condition. He submits that various orders are passedby this court, wherein the applicant has been granted bail onthe ground of his medical conditions.SUBMISSIONS ON BEHALF OF THE STATE:6.Per contra, Mr. A. B. Girase, learned PublicProsecutor submits that the property is purchased by thesociety from the funds of the society. The applicant at therelevant time was the Chairman of the society and, as such,has purchased the property for the society. It is stated thatadministrator is appointed on 04.03.2003 for the society; asthe society was not functioning. It is also stated that mutationentries are made with respect to the property in the name ofthe society. The learned P.P. also submits that the Talathi /Chief Circle Officer had earlier refused to alter the mutationentry in the name of the applicant. Thereafter, the applicanthad applied to the Assistant Registrar, Co-operative Societies,Dhule, on the basis of a resolution passed by the society toPage 6 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024grant ‘No Objection’ for change of the mutation entry, whereinthe order is passed dated 22.06.2015 for deletion of the nameof the society. In the said order it is reflected that the applicanthas paid all the dues of the society as the society has stoppedfunctioning and all the dues of the society are paid and that thename of the society should be deleted from the mutation entry.The learned P.P. further submits that the document dated22.06.2015 of the Assistant Registrar, Co-operative Societies,Dhule, there is no inward for the application or outwardnumber for the order passed. It is on the basis of thedirections / order issued by the Assistant Registrar mutationentry has been deleted of the society and the applicants nameis inserted qua the said land. Subsequently, lands are sold tothe family members by the applicant. The learned P.P. submitsthat there is clear evidence on record to indicate that theapplicant has committed fraud thereby transferring the land ofthe society in his own name and has benefitted from the same.He has further transferred the property in the name of thefamily members.The learned P.P. further submits that as regards thehealth conditions of the applicant; this court may consider thePage 7 of 18 Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.2024serious nature of the complaint. However, he has left it to thediscretion of the court to pass appropriate orders as the courtconsiders it appropriate to grant anticipatory bail on medicalconditions. He submits that, prima facie, since, this is a seriousmatter, where the applicant has fraudulently transferred theland of the society into his name and, thereafter, in the name ofhis family members and has thus committed fraud. Theinvolvement of the applicant is visible, as such, on merits hesubmits that there is no case made out by the applicant forgrant of anticipatory bail.The learned P.P. further submits that theResolution dated 10.08.1997, on the basis of which themutation entry is changed is a fabricated document and thatthere is no such Resolution on record.7.Mr. Rajendrraa Deshmukkh, learned SeniorAdvocate on behalf of the complainant submits that he hasbrought the fraud to the notice of the police and has acted as awhistleblower.Page 8 of 18
Decision
Ravindra Bhaskar Deshmukh &Hemant Bhaskar DeshmukhVs. The State of Maharashtra ABA1319&1322.202418.The applications stand disposed of. [ARUN R. PEDNEKER, J.]marathePage 18 of 18