M/S. Gic Housing Finance Ltd., v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO.297 OF 2020 Meenu Mohan The State of Maharashtra ..Respondent CRIMINAL APPLICATION NO. 109 OF 2020 CRIMINAL APPLICATION NO. 72 OF 2021 CRIMINAL APPLICATION NO. 71 OF 2021 CRIMINAL APPLICATION NO. 73 OF 2021 The State of Maharashtra ..Respondent CRIMINAL APPLICATION NO. 9 OF 2022 Yogesh Vyanketesh Aathale Digitally signed by MAMTA AMAR KALE Date:

2024.03.21 20:09:10 +0530 MAMTA AMAR KALE INTERIM APPLICATION NO. 1446 OF 2023 CRIMINAL APPLICATION NO. 9 OF 2022 Yogesh Vyanketesh Aathale

CRIMINAL APPLICATION NO. 22 OF 2022 Dayanand Mohanrao Chavan INTERIM APPLICATION NO. 1450 OF 2023 CRIMINAL APPLICATION NO. 22 OF 2022 Dayanand Mohanrao Chavan CRIMINAL APPLICATION NO. 21 OF 2022 Devendra Prakash Bhuskute INTERIM APPLICATION NO. 1451 OF 2023 CRIMINAL APPLICATION NO. 21 OF 2022 Devendra Prakash Bhuskute CRIMINAL APPLICATION NO. 10 OF 2022 Abhaysingh Vitthalrao Bhosale

INTERIM APPLICATION NO. 1441 OF 2023 CRIMINAL APPLICATION NO. 10 OF 2022 Abhaysingh Vitthalrao Bhosale CRIMINAL APPLICATION NO. 01 OF 2022 Shekhar Shivaji More CRIMINAL APPLICATION NO. 20 OF 2022 Nanda Anil Mehandale & Anr.

...Respondents

INTERIM APPLICATION NO. 1456 OF 2023 CRIMINAL APPLICATION NO. 20 OF 2022 Nanda Anil Mehandale

...Respondents

CRIMINAL APPLICATION NO. 11 OF 2022 Hamangi Suresh Shenvi and Ors.

...Respondents

INTERIM APPLICATION NO. 1461 OF 2023 CRIMINAL APPLICATION NO. 11 OF 2022 Hamangi Suresh Shenvi CRIMINAL APPLICATION NO. 19 OF 2022 Tushar Pundalik Chopde INTERIM APPLICATION NO. 1454 OF 2023 CRIMINAL APPLICATION NO. 19 OF 2022 Tushar Pundalik Chopde CRIMINAL APPLICATION NO. 02 OF 2022 Satyanarayan Devkaran Sain CRIMINAL APPLICATION NO. 23 OF 2022 Rajaram Krishna Nalawade

INTERIM APPLICATION NO. 1458 OF 2023 CRIMINAL APPLICATION NO. 23 OF 2022 Rajaram Krishna Nalawade CRIMINAL APPLICATION NO. 8 OF 2022 Shivaji Bhagwat Waghmare INTERIM APPLICATION NO. 1440 OF 2023 CRIMINAL APPLICATION NO. 8 OF 2022 Shivaji Bhagwat Waghmare CRIMINAL APPLICATION NO. 12 OF 2022 Shital Dayanand Chavan and Anr.

...Respondents

INTERIM APPLICATION NO. 1459 OF 2023 CRIMINAL APPLICATION NO. 12 OF 2022

Shital Dayanand Chavan CRIMINAL APPLICATION NO. 13 OF 2022 Chandrakant Jagganath Shelar

...Respondents

INTERIM APPLICATION NO. 1455 OF 2023 CRIMINAL APPLICATION NO. 13 OF 2022 Chandrakant Jagganath Shelar

...Respondents

CRIMINAL APPLICATION NO. 14 OF 2022 Sanjay Bapusaheb Khot INTERIM APPLICATION NO. 1448 OF 2023 CRIMINAL APPLICATION NO. 14 OF 2022 Sanjay Bapusaheb Khot

CRIMINAL APPLICATION NO. 15 OF 2022 Dr. Vahida Dilkhush Tamboli INTERIM APPLICATION NO. 1457 OF 2023 CRIMINAL APPLICATION NO. 15 OF 2022 Vahida Dilkhush Tamboli CRIMINAL APPLICATION NO. 3 OF 2022 Chandrakant Murlidhar Kadam CRIMINAL APPLICATION NO. 4 OF 2022 Anuj Vasantrao Patil and Anr.

...Respondents

INTERIM APPLICATION NO. 1462 OF 2023 CRIMINAL APPLICATION NO. 4 OF 2022 Anuj Vasantrao Patil

...Respondents

CRIMINAL APPLICATION NO. 5 OF 2022 Prabhawati Arvind Koli INTERIM APPLICATION NO. 1460 OF 2023 CRIMINAL APPLICATION NO. 5 OF 2022 Prabhawati Arvind Koli CRIMINAL APPLICATION NO. 6 OF 2022 Akhtar Ramjan Mulla INTERIM APPLICATION NO. 1442 OF 2023 CRIMINAL APPLICATION NO. 6 OF 2022 Akhtar Ramjan Mulla CRIMINAL APPLICATION NO. 7 OF 2022 Ramdas Gorakhanath Jadhav

INTERIM APPLICATION NO. 1444 OF 2023 CRIMINAL APPLICATION NO. 7 OF 2022 Ramdas Gorakhanath Jadhav CRIMINAL APPLICATION NO. 27 OF 2022 Kalyan Sitaram Divekar INTERIM APPLICATION NO. 1452 OF 2023 CRIMINAL APPLICATION NO. 27 OF 2022 Kalyan Sitaram Divekar CRIMINAL APPLICATION NO. 26 OF 2022 Sarjerao Bhaskar Patil and Anr.

...Respondents

CRIMINAL APPLICATION NO. 25 OF 2022 Santosh Shankar Jambhale

INTERIM APPLICATION (ST) NO. 7945 OF 2023 CRIMINAL APPLICATION NO. 25 OF 2022 Santosh Shankar Jambhale CRIMINAL APPLICATION NO. 28 OF 2022 Abhijit Rajendra Patil INTERIM APPLICATION NO. 1447 OF 2023 CRIMINAL APPLICATION NO. 28 OF 2022 Abhijit Rajendra Patil CRIMINAL APPLICATION NO. 24 OF 2022 Pankaj Bajirao Thorat and Anr.

...Respondents

INTERIM APPLICATION NO. 1449 OF 2023 CRIMINAL APPLICATION NO. 24 OF 2022 Pankaj Bajirao Thorat

CRIMINAL APPLICATION NO. 29 OF 2022 Natha Rajaram Patil INTERIM APPLICATION NO. 1445 OF 2023 CRIMINAL APPLICATION NO. 29 OF 2022 Natha Rajaram Patil CRIMINAL APPLICATION NO. 30 OF 2022 Anil Balasaheb Patil and Anr.

...Respondents

INTERIM APPLICATION NO. 1463 OF 2023 CRIMINAL APPLICATION NO. 30 OF 2022 Anil Balasaheb Patil CRIMINAL APPLICATION NO. 31 OF 2022 Naimahmad Ibrahim Mulla

INTERIM APPLICATION NO. 1464 OF 2023 CRIMINAL APPLICATION NO. 31 OF 2022 Naimahmad Ibrahim Mulla CRIMINAL APPLICATION NO. 32 OF 2022 Hanmantrao Sahebrao Chavan INTERIM APPLICATION (ST) NO. 7943 OF 2023 CRIMINAL APPLICATION NO. 32 OF 2022 Hanmantrao Sahebrao Chavan CRIMINAL APPLICATION NO. 33 OF 2022 Tanaji Yashwant Mali INTERIM APPLICATION (ST) NO. 7942 OF 2023 CRIMINAL APPLICATION NO. 33 OF 2022

Tanaji Yashwant Mali ---- Mr. Mandar Goswami a/w. Mr. Samyak Bhatkar, for the Applicant in ABA/297/2020.

Mr. Sagar Sonawane with Adv. Umesh H. Pawar, for the Respondents No.9, 9a, 9b in Cri. Application No.109/2020. Mr. Bhushan Deshmukh a/w. Adv. Vedant Bende, for the Respondent No.3 in Criminal Application No.73/2021. Mr. S. S. Dwivedi for the Respondent No.7 in Criminal Application No.109/2020 and for the Respondent No.1 in Criminal Application No.5/2020.

Ms. Shraddha Pawar i/b. Mr. Nilesh Patil, for the Respondent No.10 in Cri. Appln No.109/2020.

Mr. Kuldeep Patil a/w. Mr. Nikhil Hire a/w. Sampada Patil, for the Respondent Nos.4 in Cri. Appln No.109/2020. Mr. Girish Agrawal, for the Respondents No.3, 5, 5A, 12, 14, 14A, in Crim. Application No.109/2020, for the Respondents No.5 to 8 and 11 in Cri. Appln. No.72/2021, for the Respondent Nos.4 to 11 in Cri. Appln. No.71/2021.

Mr. Vikram Walawalkar a/w. Mr. Amey Sawant a/w. K. K. Khamkar, for the Respondents No.8, 8A, 8B, 8C in Cri. Appln. No.109/2020.

Mr. Vedant Dnyaneshwar Bende i/b. Bhushan Deshmukh, for the Respondent No.3 in Cri. Appln. No.73/2021.

Mr. Kedar Patil, for the Respondent No.3 in Cri. Appln. No.109/2020.

Mr. Arfan Sait, APP for the Respondent / State. Police Head Constable, Vijay A. Jadhav, EOW, Kolhapur present. Mr. Jayant Bardeskar, for the Respondent No.6 in Crim. Appln No.109/2020.

None for the Intervenor.

---- CORAM : R. N. LADDHA, J.

DATE : 20 MARCH 2024

P.C.

ANTICIPATORY BAIL APPLICATION NO.297 OF 2020 .

The applicant, who is apprehending her arrest in C.R. No.884/2019, registered with Shahupuri Police Station, Kolhapur, for the offences punishable under Sections 408, 409, 406, 420, 465, 468 r/w. 34 of the Indian Penal Code, has filed the present application.

2.

The FIR was lodged on 25 December 2019. The applicant, who serves as a Branch Manager of GIC Housing Finance Ltd. (GIC), had granted housing loans to eleven individuals for purchasing residential flats. These loans were based on documents provided by the borrowers, including a development agreement, a valuation report from empanelled valuators, an undertaking assurance from the developer, and a report from the company's sales agent. However, these borrowers failed to repay the loan amount along with interest in a timely manner. Consequently, a preliminary inquiry was initiated. The inquiry revealed that the actual area of the constructed or to be constructed residential flats was significantly smaller than what was indicated in the loan documents. The valuer had assessed the property based on an inflated area. The loan had been obtained by presenting a false completion certificate.

3.

While the Anticipatory Bail Application No.4/2020 was pending, the Sessions Court granted the applicant interim protection. However, the application itself was later rejected by a common order dated 30 January 2020. The learned Judge, in rejecting the application, noted that the applicant, who held the position of a Manager, did not support the investigation. It is argued that the interim protection was granted during the pendency of the application. Additionally, it was asserted that the loan had been sanctioned by the head office. Furthermore, the applicant co-operated with the investigation, attending sessions with the investigating officer as required.

4.

Upon perusal of the documents placed on record, it becomes evident that the offence took place in 2019. The charge sheet is prepared, and the investigating agency intends to file it within a couple of weeks. However, it is worth noting that the applicant, as candidly acknowledged by the learned APP, has cooperated by attending the sessions with the investigating officers on three occasions. These circumstances strongly suggest that the applicant's arrest in connection with the present crime is not necessary. Further, in unison, the learned counsel for the applicant and the learned APP submit that all other co-accused have been granted anticipatory bail.

5.

Hence, the following order:

ORDER

(i) In the event of arrest, the applicant - Meenu Mohan shall be released on bail in C.R. No.884/2019, registered with Shahupuri Police Station, Kolhapur, on executing a P.R. Bond to the extent of Rs.1 Lakh (Rupees One Lakh Only) on furnishing one or more sureties of the like amount;

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence;

(iii) The applicant shall co-operate with the investigation and attend the police station, as and when required by the Investigation Officer, and to co-operate with the trial court for the expeditious disposal of the case; (iv) The applicant shall furnish the details of her residential address, along with mobile number, to the concerned Investigating Officer, and the learned trial court.

6.

The application is allowed in the aforestated terms.

CRIMINAL APPLICATION NO. 109 OF 2020 CRIMINAL APPLICATION NO. 71 OF 2021 CRIMINAL APPLICATION NO. 72 OF 2021 CRIMINAL APPLICATION NO. 73 OF 2021 .

These applications are preferred by GIC seeking cancellation of anticipatory bail granted to accused Nos.1, 4 to 11, 13, 16 to 24, 26 to 28, 30 to 33, 35, 38 to 43, 45 to 50 in C.R. No.884/2019, registered with Shahupuri Police Station, Kolhapur, by a common order dated 30 January 2020 passed by the Additional Sessions Judge, Kolhapur.

2.

It appears that almost after a year, neither the learned APP nor the complainant have pressed these applications for cancellation of anticipatory bail and there seems to be no progress in these applications.

3.

Earlier also, none appeared for the applicant / GIC. Today, when the matter is called out, none present for the applicant / GIC.

4.

In view of this, the present Criminal Applications No.109/2020, 71/2021, 72/2021 and 73/2021 stand dismissed for want of prosecution.

CRIMINAL APPLICATION NO. 9 OF 2022 CRIMINAL APPLICATION NO. 22 OF 2022 CRIMINAL APPLICATION NO. 21 OF 2022 CRIMINAL APPLICATION NO. 10 OF 2022 CRIMINAL APPLICATION NO. 01 OF 2022 CRIMINAL APPLICATION NO. 20 OF 2022 CRIMINAL APPLICATION NO. 11 OF 2022 CRIMINAL APPLICATION NO. 19 OF 2022 CRIMINAL APPLICATION NO. 02 OF 2022 CRIMINAL APPLICATION NO. 23 OF 2022 CRIMINAL APPLICATION NO. 8 OF 2022 CRIMINAL APPLICATION NO. 12 OF 2022 CRIMINAL APPLICATION NO. 13 OF 2022 CRIMINAL APPLICATION NO. 14 OF 2022 CRIMINAL APPLICATION NO. 15 OF 2022 CRIMINAL APPLICATION NO. 3 OF 2022 CRIMINAL APPLICATION NO. 4 OF 2022 CRIMINAL APPLICATION NO. 5 OF 2022 CRIMINAL APPLICATION NO. 6 OF 2022

CRIMINAL APPLICATION NO. 7 OF 2022 CRIMINAL APPLICATION NO. 27 OF 2022 CRIMINAL APPLICATION NO. 26 OF 2022 CRIMINAL APPLICATION NO. 25 OF 2022 CRIMINAL APPLICATION NO. 28 OF 2022 CRIMINAL APPLICATION NO. 24 OF 2022 CRIMINAL APPLICATION NO. 29 OF 2022 CRIMINAL APPLICATION NO. 30 OF 2022 CRIMINAL APPLICATION NO. 31 OF 2022 CRIMINAL APPLICATION NO. 32 OF 2022 CRIMINAL APPLICATION NO. 33 OF 2022 .

These applications are filed by the State for cancellation of anticipatory bail granted by the learned Sessions Court to accused Nos.1, 4 to 11, 13, 16 to 24, 26 to 28, 30 to 33, 35, 38 to 43, 45 to 50 in C.R. No.884/2019, registered with Shahupuri Police Station, Kolhapur. The only grievance of the applicant, as of today, is that the observations made in the impugned order with regard to the allegations being civil in nature. 2.

The learned APP, on instructions, informs the Court that the investigation is almost complete and the investigating agency will file the charge sheet in couple of weeks. The learned APP

fairly submits that all the accused / respondents have regularly reported to the investigating agency as and when called by them and co-operated with the investigation.

3.

Taking into consideration the grievance of the learned APP, the learned trial Court shall decide the case on its own merits and in accordance with the law without being influenced by the observations made in the impugned order passed by the learned Sessions Judge. The accused have been under interim protection for about four years and are co-operating the investigation. 4.

In view of this and the peculiar facts and circumstances of the case, these applications stand dismissed. As a sequel, the pending applications also stand disposed of.

R. N. LADDHA, J.