Bombay High Court
Chandan Ghansyamdas Chachlani vs State Of Maharashtra on 23 October, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:31866
PMB 17.BA.2322-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2322 OF 2023
CHANDAN GHANSYAMDAS CHACHLANI ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
WITH
INTERIM APPLICATION NO.3863 OF 2023
IN
BAIL APPLICATION NO.2322 OF 2023
NARAYAN DHONDIBA KUDALE ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
------------
Adv. Mithilesh Mishra i/b. Adv. Agastya Desai for the
Applicant.
Ms. Veera Shinde, APP for the State.
Adv. Vikas Shivarkar for intervener/informant.
Rajendra Thorat, E.O.W., Pune Rural.
------------
CORAM : M. S. KARNIK, J.
DATE : OCTOBER 23, 2023
P.C. :
1. Heard learned counsel for the applicant, learned APP
for the State and learned counsel for informant.
2. This is an application for bail in respect of the offence
punishable under Sections 420, 406, 467, 468, 471, 34 of
the Indian Penal Code (hereafter 'IPC' for short) and under
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Sections 3, 4 of the Maharashtra Protection of Interest of
Depositors (In Financial Establishments) Act, 1999, ("MPID
Act", for short) registered on 12.07.2014 vide C.R. No.200
of 2014 with Paud Police Station, District Pune.
3. Learned APP and learned counsel for the informant
vehemently opposed the application for bail. It is submitted
that the applicant has failed to comply with the condition
Nos.3 and 4 of the bail order dated 05.11.2015 passed
below Exhibit 2 and 3 in M.P.I.D. Case No.10 of 2015 by the
Special Court. The applicant was therefore taken into
custody on 24.05.2023. While opposing the application for
bail it is submitted by learned counsel for the informant that
the trial Court in the order dated 10.07.2023 while rejecting
the application Exhibit 139 for grant of regular bail to the
present applicant has clearly observed that the applicant
has not complied with the bail condition to pay Rs.50 lakhs
as per his undertaking within the extended period. It is
submitted that the applicant dragged the matter on one
pretext or the other since January 2016 till June 2023 and
remained absent in the proceedings. It is further submitted
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PMB 17.BA.2322-23.doc
that the undertaking has not been filed by the applicant in
the form as directed in terms of clause (4) of the order
dated 05.11.2015 while enlarging the applicant on bail by
the trial Court.
4. There is no dispute that the applicant has now
deposited a sum of Rs.50 lakhs. No doubt such a deposit is
not within the time granted by the trial Court. For the
breach of the condition the applicant has already suffered
the consequence of incarceration from 24.05.2023 almost
for a period of five months. It is noticed that by an order
dated 11.01.2019 the trial Court has already observed that
the Flat bearing No.1 situated at 2nd floor, B-Wing at
Dharma Apartment, constructed on Survey No.224/6 and
224/7 of village Pimpri-Chinchwad Municipal Corporation is
hereby attached and accused No.1 Chandan Ghanshyam
Chanchalani shall not in any manner dispose of such
property till the conclusion of trial on merit. Learned counsel
for the applicant on instructions submits that the same may
be read as an undertaking to this Court by the applicant.
Statement is accepted.
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5. In this view of the matter further custody of the
applicant is not required. It is the submission of learned APP
and learned counsel for the informant that the applicant is
not attending the trial. Learned counsel for the applicant on
instructions makes a statement that the applicant
henceforth shall attend the trial regularly on each and every
date unless exempted. The statement is accepted. The
applicant can be enlarged on bail. Hence, the following
order :-
ORDER
(a) The application is allowed.
(b) The applicant-Chandan Ghansyamdas Chachlani in connection with C.R. No.200 of 2014 registered with Paud Police Station, District Pune shall be released on bail on his furnishing P.R. Bond of Rs.1,00,000/- with one or more solvent sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.1,00,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person 4/5 PMB 17.BA.2322-23.doc acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(f) The applicant shall attend the trial regularly.
(g) The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
(h) The applicant shall abide by the other conditions imposed on the applicant while enlarging the applicant on bail vide order dated 05.11.2015.
6. The application is disposed of.
7. Interim application is also disposed of.
8. The investors are at liberty to make appropriate application/s before the Special Court for withdrawal of the amount which application/s shall be considered by the Special Court on its own merits and in accordance with law.
(M. S. KARNIK, J.) 5/5 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 23/10/2023 18:50:45