Harsh Madhukar Bapat And ORS v. The State Of Maharashtra

Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 828 OF 2014 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Chandrabhanu Panchanand Basak .. Intervener Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 57 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Venkata PPK & Ors.

Ajit Shrinath Singh .. Applicants CRIMINAL APPLICATION NO. 556 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Mr. Kishore Ramdas Patil & Ors.

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Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 1014 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Mr. Kalyan Prabandhakavi & Anr.

Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 240 OF 2016 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 988 OF 2016 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 Mr. Harsh Madhukar Bapat & Ors.

Ajit Shrinath Singh .. Applicant CRIMINAL APPLICATION NO. 992 OF 2016 ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2014 2/7

Mr. Vijay Chintaman Sonawane .. Intervener Ajit Shrinath Singh .. Applicant ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2014 Deep Nag & Ors.

.. Applicants CRIMINAL APPLICATION NO. 827 OF 2014 ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2014 Chandrabhanu Panchanand Basak .. Intervener Deep Nag & Ors.

.. Applicants CRIMINAL APPLICATION NO. 58 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2014 Mr. Venkata PPK & Ors.

Deep Nag & Ors.

.. Applicants CRIMINAL APPLICATION NO. 569 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2014 3/7

Mr. Kishore Ramdas Patil & Ors.

Deep Nag & Ors.

.. Applicants CRIMINAL APPLICATION NO. 1015 OF 2015 ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2014 Mr. Kalyan Prabandhakavi & Anr.

Mr. Deep Nag & Ors.

.. Applicants Mr. N. P. Dalvi a/w. T. M. Sagari for the Applicants in ABA 1491/14 & 1492/14.

Mr. Devmani Shukla for the Applicant in APPP 828/14, 1014/15, 1015/15. Mr. Amey Deshpande for the Applicant in APPP 988/16. Mrs. S. S. Kaushik, APP for the State.

CORAM : N. W. SAMBRE, J.

DATE : 2 nd DECEMBER, 2016.

P. C. :

1.

These applications are filed seeking anticipatory bail in Crime No. 57 of 2014 for the offence punishable under Sections 420 read with 34 of the Indian Penal Code for alleged incidents happened in between January, 2010 to July, 2012.

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2.

It is not in dispute that before the Sessions Court and this Court since last about three years, the applicants are on ad interim protection.

3.

It is pursuant to the intervention of this Court and the Investigating Officer, the present applicants-accused have deposited an amount of Rs.2,57,000,00/-. The amount of amount Rs.4 Crores is secured pursuant to the deposit made by the applicant and after freezing of his account.

4.

The FIR depicts that the total claimed as against the applicant at the relevant time is Rs.5,57,46,570/- and the amount of Rs.2,50,79,000/- was repaid to the persons who has properties with the applicants.

5.

In this background, the applicants submit that th applicants are very much available for the custodial interrogation and if required for prosecution. According to them, they have not jumped the bail conditions on which they have granted ad interim protection. 6.

Per contra, the learned APP, who is assisted by the learned counsel for the complainant, submits that the applicants have practiced fraud and utilized the amount of the complainant for their personal gain 5/7

and have not parted with the property with the complainant. The conduct of the applicants during the pendency of the present proceeding is also sought to be relied upon.

7.

What could be inferred from the record is the applicants since last about three years are on ad interim protection from this Court. So as to show their bonafide they have deposited an amount of Rs.2 Crores and in their account an amount of Rs.2,50,00,000/- is available for taking care of interest. Some of the depositors informed that they have already approached the Consumer Forum.

8.

In this background, in my opinion, this Court cannot be terms as the Court for recovery of amount and the interest of the complainant and similarly placed person to greater extent is taken care of, as is reflected from the conduct of the applicants recorded hereinabove. 9.

The applicants are very much available for further investigation, if required, for prosecution.

10.

In view thereof, the ad interim protection ordered is hereby confirmed. In the event of arrest, they be released on P.R. Bond of Rs.1 lakh each with or one two sureties in the like amount. The applicants shall attend the Investigating Officer on every Tuesday and Friday initially for 6/7

the period of four weeks from 13.12.2016 thereafter as and when called. 11.

The applicants shall deposit their passport with the Investigating Officer, if not deposited and shall not leave the country without prior permission of the learned Magistrate. 12.

The order of granting bail in favour of the applicants will not be termed to be an interruption in the claims to be put forth by the complainant or other parties for recovery of the amount before the appropriate forum.

13.

With the above observations, all the above applications stand disposed of.

14.

It will be open for the Investigating Officer to approach the financial institutions under the provisions of Code of Criminal Procedure for freezing the accounts to which the amount from the applicants' account has transferred or routed.

[N. W. SAMBRE, J.] 7/7