Bombay High Court
Shaktil Nilkanth Kubal And Anr vs The State Of Maharashtra on 15 February, 2022
Author: M. S. Karnik
Bench: M. S. Karnik
3. ABA 1698.20.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
CRIMINAL APPELLATE JURISDICTION
URMILA
URMILA PRAMOD
PRAMOD INGALE
ANTICIPATORY BAIL APPLICATION NO.198 OF 2020
Date:
INGALE 2022.02.15
16:48:10
+0530
Shaktil Nilkanth Kubal and anr. .. Applicants
vs.
The State of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO.522 OF 2020
IN
ANTICIPATORY BAIL APPLICATION NO.198 OF 2020
WITH
INTERIM APPLICATION NO.1177 OF 2021
IN
INTERIM APPLICATION NO.522 OF 2020
IN
ANTICIPATORY BAIL APPLICATION NO.198 OF 2020
SVC Co-operative Bank Ltd. .. Applicant
IN THE MATTER BETWEEN
Shaktil Nilkanth Kubal and anr. .. Applicants
vs.
The State of Maharashtra .. Respondent
Mr. Sanjeev Kadam a/w Mr. Rushikesh Kale i/b Mr. Prashant
P. Raul, for the applicant in ABA/198/2020.
Mr. Ganesh K. Savant, for the applicant in IA/522/2020 &
IA/1177/2021.
Mr.Sunil Shinde, PI, Shrinagar Police Station, Thane.
Ms.Veera Shinde, APP for the State.
1
3. ABA 1698.20.doc
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 15, 2022
P.C. :
1. Heard learned Counsel for the applicants and learned
APP. The applicants have filed this application for grant of
pre-arrest bail in connection with C.R. No. I-228/2019
registered with Shrinagar Police Station, Thane for the
offences punishable under sections 109, 408 read with
section 34 of Indian Penal Code, 1860 and under sections
43(a), 43(b) and 66 of the Information and Technology Act,
2000. On 24/01/2020, this Court while granting interim
protection to the applicants passed the following order.
"1. Complainant seeks intervention. He may file
appropriate application within seven days from today.
Stand over to 12th February, 2020.
2. In the meantime, in the event of arrest of the applicant
in C.R. No. 228/2019 registered with Shri Nagar Police
Station, Thane on furnishing P.R. Bond of Rs.25,000/- each
(Rs.Twenty Five Thousand only) with one or two sureties in
the like sum.
3. The applicants shall attend the concerned Police Station
as and when called.
4. The applicants shall furnish the particulars of their place
of residence and contact details to the Investigating Officer
of the Police Station concerned within seven days from
today;
5. The applicants shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses
or any person concerned with the case.
6. The complainant is directed to place on record, reports
submitted by Guru Kaushik, Assistant General Manager,
(Technical) on/or before the next date."
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3. ABA 1698.20.doc
2. When this application came up for consideration,
learned APP on instructions of the Investigating Officer who
is present in the Court submitted that upon investigation
the charge-sheet has already been filed before the trial
Court and that the custody of the applicants is not required.
3. An intervention application has been filed on behalf of
the SVC Co-operative Bank Ltd. opposing the application.
Learned Counsel for the intervener was at pains to point out
that there are several infirmities in the investigation. He
further submits that this is a very serious case of data theft.
Learned Counsel submitted that as a result of the data theft
committed by the applicants, the Bank had to suffer loss of
almost Rs. 29 crores. He submits that detailed reports have
been submitted by the internal enquiry committee
appointed by the Bank which would reveal the role of the
applicants and manner in which they have committed the
data theft. According to him, all these materials ought to
have been taken into consideration by the Investigating
Officer before filing the charge-sheet. He submits that the
charge-sheet has been hurriedly filed. According to him,
this is the matter where thorough investigation is required
and it is necessary for the Investigating Officer to obtain the
custody of the applicants considering the serious nature of
the offences with which the applicants are charged with. He
invited my attention to the various documents annexed to
the compilation tendered on behalf of the interveners to
buttress his submission that the investigation is defective.
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3. ABA 1698.20.doc
4. In this application filed on behalf of the applicants for
pre-arrest bail, it is not possible for this Court to consider
the objections regarding defective investigation raised by
the intervener. It is for the intervener to approach the
appropriate forum for seeking redressal if at all it is the
interveners' concern that there are material infirmities in
the investigation. I am not expressing any opinion in these
proceedings on the submissions made by the intervener as
regards the infirmities in the investigation. Suffice it to
note that, as learned APP on instructions has submitted that
the charge-sheet has already been filed and that the
custody of the applicants is not necessary, therefore, I am
inclined to confirm the interim protection granted by this
Court on 24/01/2020.
5. Needless to mention that it is open for the intervener
to approach the competent Court/forum if all it is not
satisfied with the investigation.
Hence, the following order.
ORDER
i) The interim protection granted by this Court on 24/01/2020 stands confirmed.
(ii) In the event of arrest of the applicants in C.R. No. 228 of 2019 registered with Shri Nagar Police Station, Thane, they be released on bail on furnishing P.R. Bond of Rs.25,000/- each with one or two sureties in the like amount;
43. ABA 1698.20.doc
iii) The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
6. Anticipatory Bail Application is disposed of. In view of disposal of the Anticipatory Bail Application, Interim Applications also stand disposed of.
(M. S. KARNIK, J.) 5