Bombay High Court
Pradip Hiraman Salavi vs The State Of Maharashtra on 23 June, 2021
Equivalent citations: AIRONLINE 2021 BOM 1710
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ethape 1 46.BA.629.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.629 OF 2021
Mr. Pradip Hiraman Salavi .. Applicant
Vs.
The State Of Maharashtra .. Respondent
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Mr.Kuldeep S. Patil, Advocate for Applicant.
Mr. Y.M. Nakhwa, A.P.P. for the State-Respondent.
PI Anand Mudaliyar, EOW Mira-Bhayandar, Vasai-Virar
Commissioner Office present.
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CORAM : PRAKASH D. NAIK, J.
DATE : 23RD JUNE, 2021
PC.
1. The applicant is arrested on 03.12.2019 in connection with
C.R. No. I-222 of 2019 registered with Nalasopara Police Station,
District Palghar for the offences punishable under Sections 420,
465, 467, 468, 469 read with 34 of Indian Penal Code (for short
'IPC') and Sections 132(1)(e), 132(1)(f), 132 (1)(3) and (4) of the
GST Act.
2. The case of the prosecution in brief is as follows:-
i) The complainant is the Assistant Commissioner of Sales
Tax. It is alleged that he was informed about the alleged fraud
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committed by the applicant and the other accused. It is alleged
that under the pretext of providing job to Mr. Abdul Dollare, he
was induced to submit documents such as Aadhar Card,
Electricity bill and other documents and thereafter misused the
said documents by opening a false bank account in the name of
"Icon industries" with Thane Co-operative bank, Dadar branch.
It is further alleged that the GST was claimed and the applicant
alongwith the other accused cheated the government and
committed a fraud of Rs.2,86,80,562/- (Two Crores Eighty Six
Lac Eighty Thousand Five Hundred and Sixty Two only).
ii) FIR was registered vide C.R. No. I-222 of 2019 on
26.06.2019 at Nalasopara Police Station, Dist. Palghar for
offences punishable under Sections420, 465, 467, 468, 469
read with 34 of IPC and Sections 132(1)(e), 132(1)(f), 132 (1)(3)
and (4) of the GST Act.
3. Learned counsel for the applicant submitted that the
applicant is in custody for a period of one and half year. Co-
accused in whose account the same amount was transferred
and encashed, was granted bail by the Sessions Court. There
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are no other criminal antecedents against the applicant.
4. Learned APP submitted that the applicant has played vital
role in this transaction by using fake Aadhar Card, Electricity
bill and conspired with the co-accused. False account was open
in the name of Icon Industries with Thane Co-operative bank,
branch Dadar. The GST was claimed and loss was caused to the
Government to the tune of Rs.2,86,80,532/-.
5. It is apparent that on completing investigation, charge-
sheet is filed. All the other accused are granted bail. Copies of
order granting bail to the co-accused are annexed to this
application. The accused Nilesh Ramchandra Jadyar was
granted bail by Sessions Court vide order dated 11.05.2020.
While granting bail it was observed that role attributed to him
was that he had referred Abdul Dollare to accused No.1 and he
had knowledge about the transaction of GST. The Court further
observed that there is nothing on record to show that he is
habitual offender. Investigation is completed and charge-sheet
is filed. Jitendra Kumar Singh was granted bail by Sessions
Court vide order dated 11.05.2020. The case of the prosecution
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against him is that he had helped accused No.1 to form fictitious
company and had also taken amount from accused Atul Kiri.
The learned Sessions Judge while granting bail has observed
that the filing of the charge-sheet indicates that investigation is
completed. He had received cash from Atul Kiri. There is
nothing on record to show that he is habitual offender. He is in
jail since last three months. There is no reason to keep the said
accused in custody. Accused Atul Kiri was also granted bail by
learned Session Judge, Vasai vide order dated 11.05.2020. The
order indicates that the charge-sheet was filed against him and
hence, investigation is completed. The role attributed to him was
that he had encashed the cheque and had given the amount to
other accused. Certain articles such as cash was recovered from
him. There is nothing to show that he was habitual offender. He
is in judicial custody. He is in custody from three months.
Applying the said principles, it can be seen that the present
applicant is in custody for one and half year. There are no
criminal antecedents against him. The persons who had
allegedly received the cash amount were granted bail. Further
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Ethape 5 46.BA.629.2021
detention of the applicant is not warranted and hence, case for
grant of bail is made out.
ORDER
(i) Bail Application No.629 of 2021 is allowed;
(ii) The applicant is directed to be released on bail in connection with C.R. No. I-222 of 2019 registered with Nalasopara Police Station, District Palghar on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) The applicant shall report Nalasopara Police Station once in three months on first Saturday of the month between 11:00 a.m. to 1:00 p.m. till further orders;
(iv) The applicant is permitted to furnish provisional cash bail in the sum of Rs.25,000/- for a period of 8 weeks in lieu of sureties.
(v) Bail Application stands disposed of accordingly.
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