Bombay High Court
Dashrath Arjun Kamble vs The State Of Maharashtra on 14 October, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2203 OF 2022
Dashrath Arjun Kamble .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Shambhu M. Jha with Mr.Hiren Mehta and Kanai Biswas for the
Applicant.
Mr.S.V.Gavand, A.P.P. for the State/Respondent.
PI Gavali, attached to Achole Police Station, present.
...
CORAM: BHARATI DANGRE, J.
DATED : 14th OCTOBER, 2022
P.C:-
1. The applicant, who runs an NGO styled as "The Little Shine
Foundation', which is into the activity of raising funds for the needy
patients, specifcally, young children through a call centre, named,
"Just A Call", is facing accusation of forgery at the instance of
Achole Police Station with whom C.R.No.277 of 2022 is registered
on 08/06/2022, invoking Section 420 read with Section 34 of IPC.
The applicant face an accusation that, certain amount was
collected through Call Centre named "Just A Call" on
representation being given that, two patients, aged 4 years have to
undergo Open Heart Surgery and the expenses for the two patients,
namely, Ritika Jadhav and Rui Rane, would be to the tune of
Rs.4,50,000/- each.
M.M.Salgaonkar
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2. The complaint is lodged by the Police Offcer, Achole Police
Station alleging that calls are made to induce people to donate
money by encashing sympathy towards the illness of the small
children and, accordingly, a raid was conducted on the premises
belonging to the said NGO. Certain material in form of some cell
phones, agreements etc. came to be seized. The prosecution level
serious accusations against the applicant that though the amount
was collected, the surgeries were never performed.
3. The applicant has annexed alongwith the application the
details of his NGO and the work, which is undertaken by it and also
the agreement which was executed between the NGO and "Just-a-
Call", who was appointed to manage direct marketing services,
using tele-calling for donor acquisition for 'The Little Shine
Foundation' and to conduct live campaigns. The agreement clearly
indicated the engagement terms and the prosecution expressed
suspicion over the same. Not only that, the applicant has placed on
record the list of the donors, who had contributed money for
treatment of one Jui Rane.
Apart from this, the hospital i.e. Wadia Hospital for Children
also certifed that Jui Rane was suffering from congenital heart
disease and was under the care of the said hospital and she required
an Open Heart Surgery, incurring an expenditure to the tune of
Rs.4,50,000/-. The applicant has placed on record a communication
from the Wadia Hospital for Children, confrming the payment of
Rs.50,000/-, which was received and the reason highlighted for not
performing the operation immediately is, the hospital was facing
shortage of oxygenators, which are required in Open Heart
Surgeries. On 03/08/2022, the hospital informed the NGO that Ms.
Jui Rane and Ms.Hritika Jadhav would be admitted to the hospital,
as soon as the logistics are arranged for.
M.M.Salgaonkar
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4. The prosecution agency underwent a detailed investigation
and, on two occasions, time was sought to ascertain, whether the
NGO has misappropriated any money.
Today, the Investigating Offcer makes a fair statement that
the NGO run by the applicant is catering to various activities as its
caption indicates and, it is offering solace not only to the young
children by providing educational as well as medical support, but
provide support system to old age home, orphanage, women
empowerment etc. Apart from this, it also arranges fund for
animal support.
The Investigating Offcer has collected the details of the three
bank accounts of "The Little Shine Foundation" and on a thorough
scrutiny, has recorded that from 28/08/2021 to 31/03/2022, an
amount of Rs.1,01,86,157.27 has been credited to the accounts, out
of which the NGO has expended Rs.88,31,579.56 on various
activities, which it undertake. This also includes the amount spent
towards offce rent as well as the amount paid to "Just-A-Call", a
service, which has been availed of by entering into an agreement for
giving wide publicity through tele-calling center. The Investigating
Offcer has further examined the expenditure on various activities
and has arrived at the conclusion that a sum of Rs.13,54,550/- is
lying in the accounts, with several projects in the pipeline.
5. In the wake of the aforesaid statement coming from the
Investigating Offcer, the custodial interrogation of the applicant is
not defnitely required and it is also necessary for the Police
Department, which is an important organ of the State Government,
to recognize and uphold the services carried out by such NGOs and,
if possible, to assist them in taking their ventures further, as there
are several areas where the State machinery is unable to reach. As
can be seen from the working of this particular NGO, several
M.M.Salgaonkar
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operations of needy and destitute children have been carried out at
the expenses, which are collected through crowd fund. The
panorama of activities refect it's wide canvass and, instead of
moving the needle of suspicion to such NGOs, who are widely
engaged in social service and catering to the needs of the weaker
section of the society, it is expected that we should focus on good
deeds being carried out by such NGOs.
Hence, the following order.
: ORDER :
(a) Application is allowed. (b) In the event of arrest in connection with C.R.No.277
of 2022 registered with Achole Police Station, applicant- Dashrath Arjun Kamble shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.
(c) The applicant shall report to the concerned police station as and when called for.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with evidence.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 17/10/2022 ::: Downloaded on - 18/10/2022 04:31:47 :::