Digambar Patil And ANR v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR ANTICIPATORY BAIL APPLICATION NO.68 OF 2023 Sunil Mohan Sarode ...Applicant SATISH RAMCHANDRA SANGAR Date: 2024.10.22 10:57:29 +0530 v/s.
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.1173 OF 2024 Digambar Patil and Anr.
...Intervenors In the matter between:- Sunil Mohan Sarode ...Applicant v/s.
The State of Maharashtra
...Respondent
***** Mr.Waqar pathan and Ms.Trupti Kudtudkar:- Advocates for Applicant in Interim Application.
Mr.Ashok Gawai:- APP for Respondent - State.
Ms.Anushree Koparkar i/b. SSB Legal and Advisory:- Advocate for Intervenor.
***** CORAM :
S. M. MODAK, J.
DATE :
18th OCTOBER 2024 P. C. :- 1.
The direction was given to list this Anticipatory Bail Application 1/5
today. This direction was given while hearing the Bail Application No.691 of 2024.
2.
The arguing Counsel Mr.Wesley Menezes is not available. An adjournment is sought. According to learned APP and learned Advocate for the First-Informant, the Applicant has not attended as per the condition. This is disputed. The Applicant is having diaries. He can produce it on the next date.
3.
An interim protection, granted earlier, to continue till next date. 4.
Let, the Applicant to give an attendance as per the order dated th March 2023 .
5.
In the meantime, the matter was listed before Justice R.N.Laddha on 13th August 2024. Even, he has directed the Registry to take appropriate steps.
6.
Let, this Anticipatory Bail Application be listed on nd November 2024.
=================================================== BAIL APPLICATION NO.691 OF 2024 Vishwajit @ Sanjay Prabhakar Chandorkar ...Applicant v/s.
The State of Maharashtra
...Respondent
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***** Ms.Misbaah Solkar a/w Ms.Muskaan Memon, Mr.Mohammad Taha Advocates for Applicant.
Ms.Anushree Koparkar i/b.SSB Legal and Advisory:- Advocate for Intervenor-Orig.
Complainant.
Mr.Ashok Gawai:- Advocate for Respondent-State.
***** 1.
Heard learned Advocate Ms.Misbaah Solkar for the Applicant, learned APP and learned Advocate for the First-Informant. 2.
There are two offences. One at Kolsewadi Police Station bearing C.R.No.669 of 2020 under Sections 420, 406, 34 of Indian Penal Code, 1860 ("IPC") and under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 ("MPID"). Sunil Sarode and his wife Manisha Sarode were the Accused. They are the Directors of Ultra Life Care Private Limited. Admittedly, the present Applicant is not named in the FIR. (Page No.109). The involvement is disclosed during investigation. The Accused Sunil Sarode is granted an ad-interim protection by this Court. (Page Nos.40 and 45). That Anticipatory Bail Application is kept on on 22nd November 2024. The present Applicant is under arrest in Kolsewadi Crime.
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3.
The charge-sheet is filed. The total amount misappropriated is Rs.16,23,40,000/-. (Rupees Sixteen Crore Twenty Three Lakh Forty thousand). The prosecution claims that amount of Rs.1,26,79,000/- (Rupees One Crore Twenty Six Lakh Seventy Nine Thousand) deposited by the Accused Sunil Sarode in the Bank Account of this Applicant. It is a part of misappropriated money. 4.
There is a separate offence registered at Satpur Police Station vide C.R.No.174 of 2023 dated 16th June 2023. That is three years after Kolsewadi crime. This was under Section 120-B, 406, 420, 465, 471 of IPC. It was on the complaint of Sunil Mohan Sarode. His allegation is, the present Applicant assured him to obtain a loan and induced him to part away Rs.1,26,79,000/- (Rupees One Crore Twenty Six Lakh Seventy Nine Thousand). This offence is registered as per the direction given under Section 156(3) of the Code of Criminal Procedure, 1973 ("Cr.P.C."). The present Applicant is on ad-interim protection. (Page No.71). (Coram : N. J. Jamadar, J.).
5.
Earlier to this offence, the present Applicant got anticipatory bail from the District Court-Nashik. The Investigating Officer explained, it was granted only on the apprehension and on the assurance that he will clear the cheques given in favour of Sunil Sarode as per the 4/5
Memorandum of Understanding. That promise was not fulfilled. That is why, a private complaint was filed. That Anticipatory Bail is pending. 6.
Learned Advocate Ms.Misbaah Solkar has invited my attention to the various documents as per the charge-sheet and according to her, the supplementary statements of the investors are recorded after the arrest of this Applicant. Whereas, according to learned APP, there are Whats-App communication either directly or by way of forward which indicates that the Applicant has communicated with the investors and it shows his involvement. During investigation, any amount is not recovered from him. So also, no property details are collected. 7.
Certainly, this Application can be decided today. But, this Court feels to decide this Application along with Anticipatory Bail Application of Sunil Sarode. So, keep it on nd November 2022 .
[S. M. MODAK, J.] 5/5