Bombay High Court
Ananta Dinkar Bhukele Patil And Anr vs The State Of Maharashtra on 7 March, 2022
Author: C.V. Bhadang
Bench: C.V. Bhadang
27-aba-2542-2021..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. ANTICIPATORY BAIL APPLICATION NO. 2542 OF 2021
Ananta Dinkar Bhukele Patil & Anr. ..Applicants
Vs.
The State of Maharashtra ..Respondent
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Mr. Niten V. Gaware Patil, for the Applicants.
Mr. S. R. Agarkar, APP for the Respondent / State.
Mr. Ganesh Bhujbal, for the Intervener.
MAMTA
Digitally
signed by
MAMTA
----
AMAR KALE
AMAR Date:
KALE 2022.03.09
13:02:42
+0530 CORAM : C.V. BHADANG, J.
DATE : 7 MARCH 2022
P.C.
. The Applicants, apprehending arrest, in connection with
investigation of Crime No.273/2021 of Police Station Hinjwadi,
Pimpri Chinchwad, Pune, under Section 409, 420 and 506 r/w. 34
of IPC and Section 3 and 4 of the Maharashtra Protection of
Interests of Depositors (in Financial Establishments) Act, 1999, are
seeking anticipatory bail.
2. The aforesaid crime is registered on the basis of the complaint
dated 15 April 2021 lodged by Sandeep Sudhir Jadhav. The
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informant claims that he was acquainted with co-accused Deepak
Kohakade, who is a proprietor of DSK & Associates. A
representation was made by Deepak Kohakade that he is dealing
with commodity market at national and international level and if
certain amount is deposited with him, he can secure sizable returns
on the said amount. The FIR discloses that there were seven
instances which have been narrated when the informant had
invested various amounts with DSK & Associates. Although, the
informant claims that on some occasions, the assured returns were
given, just to instill confidence, but on subsequent occasions, the
assured returns were never paid and thereby the informant has been
cheated.
3. The Applicant No.1 happens to be the brother-in-law of
Deepak Kohakade while Applicant No.2 happens to be the wife of
Deepak Kohakade.
4. I have heard the learned counsel for the parties. Perused
record.
5. It is submitted by the learned counsel for the Applicants that
the Applicants are in no way concerned with DSK & Associates,
which is a proprietorship concern. It is submitted that Deepak
Kohakade (who is referred to as party of first part) entered into an
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agreement dated 3 August 2019 with the first informant accepting
the liability for Rs.1,72,00,000/- as per the terms of the said
agreement. It is pointed out that the informant has also filed a
Summary Suit No.307/2021 in which Consent Terms were drawn
by the parties. All these facts are not disclosed in the FIR. It is
submitted that the Applicants are not concerned with the
transaction.
6. Learned APP has strenuously urged that the Applicants were
also part of the representation / assurance made to the informant and
other investors who had invested various amounts with DSK &
Associates on assurance of phenomenal returns which never
materialised. It is submitted that not only the informant but several
others have been cheated in which the Applicants had also a clear
role to play as stated by the witnesses. Learned APP has pointed out
a Bank statement in order to claim that amount has been credited in
the account of Applicant No.2 and various amount have also been
shown credited in the account of Applicant No.1. He therefore
submitted that involvement of the Applicants is disclosed.
7. I have carefully considered the rival circumstances and the
submissions made.
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8. This Application was adjourned on the last date in order to
enable the parties to verify as to the status of the entity DSK &
Associates, in as much as it was claimed on behalf of the prosecution
that it is a partnership firm. Today the copy of the Shops and
Establishment register and other documents are produced by the
Applicants, across the bar (which are marked 'X' for identification)
which show that DSK & Associates is a proprietorship firm of
Deepak Sakharam Kohakade. Thus, it can be seen that the said
entity is not a partnership firm to which the present Applicants are
shown to be related or concerned. The allegation in the FIR
primarily is that representation was made by Deepak Kohakade and
the amount was accepted. It is true that today the learned APP has
pointed out that certain amount is shown to be transferred to the
accounts of the present Applicants in this case. The record discloses
that while granting interim protection, the Applicants were directed
to report to the Investigating Officer.
9. The learned counsel for the Applicants stated that the
Applicants have reported to the Investigating Officer. However,
there was no interrogation.
10. Quite to the contrary, it is claimed on behalf of the
prosecution that Applicants have not cooperated. It is not possible
to decide on any such dispute in the present Application particularly,
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in the absence of the production of the case diary showing the
investigation carried out by the Investigating Officer. However,
considering the over all circumstances and particularly having regard
to the fact that DSK & Associates is shown to be a proprietorship
firm of Deepak Kohakade and further having regard to the fact that
the interim protection is operating from 26 October 2021, I find
that, for the present, the Applicants can be directed to join the
investigation and report to the Investigating Officer who can then
investigate and interrogate the Applicants in relation to the Bank
Accounts etc.
11. In the result, the following order is passed.
ORDER
(i) In the event of their arrest, in connection with investigation of Crime No.273/2021 of Police Station Hinjwadi, Pimpri Chinchwad, Pune, the Applicant No.1 Ananta Dinkar Bhukele Patil and Applicant No.2 Bharti Deepak Kohakade, be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each, in the like amount.
(ii) The Applicants shall report to the Investigating Officer on 15/3/2022, 16/3/2022 and 17/3/2022 between 11.00 a.m. to 1.00 p.m. and as and Mamta Kale page 5 of 6 27-aba-2542-2021..doc when required and shall cooperate with the Investigating Agency.
(iii) The Applicants shall produce their Bank Account Statement and other details, as may be required by the Investigating Officer and also furnish their specimen handwriting / signature, if required.
(iv) The Applicants shall cooperate with the Investigating Agency and shall not tamper with the prosecution evidence / witnesses.
(v) Liberty to the prosecution to apply for modification/ cancellation of the bail, in case of disclosure of any further material.
(vi) The Criminal Application is disposed of, in the aforesaid terms.
C.V. BHADANG, J.
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