High Court
Legal Reasoning
(1) ba-2309-2023.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO.2309 OF 2023Chandrkant Balbhim Kale,Age: 61 years, Occu: Retired,R/o: Punarvasan Savargaon, Kallamand Shikshak Colony, KallamDist. Osmanabad...ApplicantVersusThe State of Maharashtra,Police Station Officer,Georai Police Station, Taluka Georai,Dist. Beed...RespondentWITHCRIMINAL APPLICATION NO.4612 OF 2023INBAIL APPLICATION NO.2309 OF 2023MAHESH SHRIDHARRAO MAKALVERSUSTHE STATE OF MAHARASHTRA AND ANOTHER …Mr. S. S. Bora, Advocate for the Applicant.Mr. S. K. Shirse, APP for Respondents-State.Mr. S. E. Shekade, Advocate for Assist to APP in CA/4612/2023. … CORAM : S. G. CHAPALGAONKAR, J.RESERVED FOR ORDER ON: 19th JANUARY, 2024PRONOUNCED ORDER ON : 23rd JANUARY, 2024.ORDER:-1.The applicant seeks regular bail in connection withCrime No.391/2023 registered with Georai Police Station, Dist.Beed for the offences punishable under Sections 406, 409, 420,120-B, 477-A of the Indian Penal Code and Sections 3 and 4 of theM.P.I.D. Act.2.The investigation was set in motion on the basis ofinformation given by Mr. Mahesh Makal, who alleges that (2) ba-2309-2023.odtaccused no.1-Dr. Vasant Dabhade is well-known ophthalmologistand he had family relations with the informant. In the month ofApril 2019, he had been to the house of the informant and toldthat accused no.1-Ajeet Kale, who is the Chairman of theShrimantyogi Urban Nidhi Limited, Georai is an influentialperson and he has helped many to secure Governmentemployment. Under the pretext of providing employment inhealth department to the wife of the informant, he was lured topay the amount of Rs.18,00,000/- to Ajeet Kale i.e. accused no.1.Subsequently, under the pretext that due to Covid-19 situation,the Government has stopped recruitment accused persons showninability to provided employment. When the informant asked forrefund of the amount, the cheques were issued in his name,however, those were dishonored. It is further alleged that wheninformant had been to police station for lodging complaint aboutthe cheating against the accused persons, he found that manyother persons who are victim of the fraud at the hands of theaccused, have approached to the police. It is alleged that theamount of Rs.90,00,000/- from different victims have beenfraudulently received by the accused persons and the informant ispersonally duped to the amount of Rs.13,00,000/- by accusedpersons in connivance with each other. 3.The applicant came to be arrested in pursuance of theaforesaid crime on 30.07.2023. Since then, he is behind the bar.The applicant moved an application for regular bail prior to filingof the charge-sheet, which was rejected. The Bail ApplicationNo.1635/2023 was filed before this Court. However, it waswithdrawn vide order dated 26.09.2023. After filing of the charge-sheet, the applicant had moved afresh before the Sessions Courtfor grant of bail. However, his application came to be rejected (3) ba-2309-2023.odtvide order dated 13.12.2023. Hence, the present application.4.Mr. Bora, learned Advocate appearing for theapplicant would submit that the FIR is silent about involvementof the applicant in commission of the offence. The applicant ismade accused only because he is father of accused no.3, who wasthe Chairman of the Shrimantyogi Urban Nidhi Limited, Georai.The applicant is neither the Director nor he has concern with theoperations of the Bank. The applicant has no role to play intransactions between accused no.3 and the first informant.During the course of investigation, it is sought to be brought onrecord that the applicant has given cheques to some of the victimsof the offence or paid bills towards paper publication issued by theother accused persons. However, that could not be sufficient tobring home complicity of the applicant in commission of theoffence. He would submit that the applicant was a teacher and apensioner aged about 60 years. Further he is behind the bar foralmost six months by this date. Further detention of theapplicant would not be necessary. Hence, he urges to release theapplicant on bail.5.The learned APP however strongly opposes the prayerfor grant of bail. He would point out that the innocent personshave been duped by the accused persons by giving falseassurances of providing employment in the Governmentdepartment. Some of the accused persons were lured to makeFixed Deposits with the Shrimantyogi Urban Nidhi Limited,Georai under the pretext of exponential returns. The familymembers of the applicant were Directors of the Bank. The hugeamount of Rs.1,03,00,000/- is involved in the offence. He wouldpoint out that the applicant was the expert Director. The record (4) ba-2309-2023.odtshows that he has withdrawn cash amount of Rs.1,75,140/-frombank. As many as 10 witnesses have recorded their statementsagainst the applicant. Further the applicant has given chequesworth Rs.46,00,000/- to victims of offence from his account andthose have been dishonored. The total amount of Rs.6,15,000/-was seen to be transferred from RBL Bank to the bank account ofthe applicant. The Current Account of the Shrimantyogi UrbanNidhi Limited, Georai was maintained by RBL Bank atAurangabad, which has been used for siphoning of amounts. Thetransactions in Bank account clearly depict involvement of theapplicant in crime alongwith other accused persons.6.Having considered submissions advanced, apparentlythe allegations in the FIR shows the serious fraud has beenexecuted by the accused persons, thereby duping large number ofinnocent persons. However, the contents of the FIR are absolutelysilent regarding role of the present applicant. The informant waslured by the accused Ajeet Kale and Dr. Vasant Dabhade to parthuge amount under the pretext of providing Governmentemployment to the informant’s wife. No role is attributed againstthe applicant in that transaction. During the course ofinvestigation, it is surfaced that the large number of persons wereduped in similar manner and they were also made to makedeposits with the Shrimantyogi Urban Nidhi Limited, Georai byway of Fixed Deposits with assurance of exponential returns. Thecontents of the charge-sheet would show that theapplicant/accused is father of the prime accused i.e. Ajeet Kale,who was Chairman of the Bank. The charge-sheet alleges thatthe accused/applicant was the expert Director of the Bank.However, there is no concrete material in support of suchcontentions. Even it is assumed that the applicant was the expert (5) ba-2309-2023.odtDirector, it is difficult to hold that he was having control over dayto day administration or businesses of the Bank. It is true thatthe family members of the applicant were Directors, but that itselfwould be insufficient to bring home role of the applicant incommission of the offence. 7.The learned APP has pointed out that in all amount ofRs.6,15,000/- have been transferred in the name of the applicantfrom bank account of Shrimantyogi Urban Nidhi Limited, Georaimaintained with RBL Bank at Aurangabad and there are someentries depicting transfer of Rs.2,35,000/- and 1,75,140/- in cash tothe applicant. However, such allegations are not shown to berelated with transactions in present crime. Prima facie, thematerial contained in the charge-sheet is bereft to draw inferencethat the applicant was directly involved in commission of theoffence. The possibility of some transactions made in his name byother accused person cannot be ruled out. The learned APPpoints out that the applicant had issued cheques in the name ofdifferent persons from his account. The learned Advocateappearing for the applicant submits that although allegation ismade that such cheques are dishonored, no complaint underSection 138 of the Negotiable Instrument Act is filed by anyone ofthem. In this background, it would be difficult to believe that theapplicant had issued such cheques towards discharge of hisliability in respect of transactions, which are subject matter of thepresent crime. 8.On prima facie consideration of the material onrecord, the possibility that the applicant has taken some steps todilute the grievance of the depositors against his son and otherfamily members cannot be ruled out. It is also possible that (6) ba-2309-2023.odtbecause of the applicant is father of the main accused, somegrievance is raised against him.9.In any case, whether applicant was involved incommission of the offence will have to be found out during full-fledged trial. It appears that, the applicant is behind the bar forapproximately six months. He is aged about 61 years. Since he isneither Director of the Bank nor his role is attributed in FIR, itwould not be necessary to continue his further detention. Hence,case is made out for grant of bail. Hence, the following order:ORDER(i)Bail Application is allowed.(ii)The applicant, Chandrkant Balbhim Kale be released onbail in Crime No.391/2023 registered with Georai Police Station,Dist. Beed for the offences punishable under Sections 406, 409,420, 120-B, 477-A of the Indian Penal Code and Sections 3 and 4of the M.P.I.D. Act on furnishing P.B. and S.B. of Rs.1,00,000/-(Rs.One Lakh only) each on following condition:a.The applicant shall not tamper with the prosecutionevidence in any manner.b.The applicant shall attend concerned police station twice ina month i.e. on 1st and 3rd Monday for a period of six monthsfrom the date of his release.c.The applicant shall attend each and every effective date ofhearing before the Trial Court.(iii)Application is disposed of.
Decision
(7) ba-2309-2023.odt(iv)Criminal Application No.4612/2023 for assist to APPis accordingly allowed and disposed of.(S. G. CHAPALGAONKAR)JUDGEDevendra/December-2023