Bombay High Court
Shahaji S/O. Rambhau Shinde vs The State Of Maharashtra on 20 December, 2019
Author: R.G. Avachat
Bench: R.G. Avachat
A. Bail Appln. No.289/2019
with connected matters
(( 1 ))
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.289 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.290 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.292 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.293 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.802 OF 2019
Shahaji s/o Rambhau Shinde ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.....
Shri R.N. Dhorde, Senior Counsel with
Shri S.J. Salunke & V.P. Savant, Advocates for applicant
Shri V.S. Badakh, A.P.P. for State
.....
WITH
ANTICIPATORY BAIL APPLICATION NO.1230 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.1231 OF 2019 WITH
ANTICIPATORY BAIL APPLICATION NO.1236 OF 2019
Jyoti w/o Shivdas Takankhar ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.....
Shri S.J. Salunke, Advocate for applicant
Shri V.S. Badakh, A.P.P. for State
.....
WITH
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A. Bail Appln. No.289/2019
with connected matters
(( 2 ))
ANTICIPATORY BAIL APPLICATION NO.1378 OF 2019
Shubhangi w/o Prakash Lokhande
(Shubhangi d/o Shivshankar Chandge)... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.....
Shri S.J. Salunke, Advocate for applicant
Shri V.S. Badakh, A.P.P. for State
.....
WITH
ANTICIPATORY BAIL APPLICATION NO.367 OF 2019
Sadashiv s/o Shriram Sherkar ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.....
Shri S.J. Salunke, Advocate for applicant
Shri V.S. Badakh, A.P.P. for State
.....
CORAM: R.G. AVACHAT, J.
Date of reserving order : 25th November, 2019
Date of pronouncing order : 20th December, 2019
O R D E R:
The applicants in all these applications claim to have an apprehension of being arrested in connection with Crimes as mentioned below :
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with connected matters (( 3 )) Sr. Name of the Crime No. Name of No. applicant Police Sections Station 1 Shahaji Rambhau 0180/2018 Ashti, 420, 409 read with Section 34 Shinde Dist. Beed of the Indian Penal Code 0107/2018 Patoda, Sections 420, 409, 406, 467, Dist. Beed 120(B) r/w 34 IPC and Sections 3 & 4 of MPIDAct 0263/2017 Shivaji 406, 420 r/w 34 IPC and Nagar, Section 3 of MPID Act Beed 081/2018 Talwada 406, 409, 420, 467, 120(B) Dist. Beed r/w 34 IPC and Sections 3 & 4 of MPID Act 0697/2018 Jamkhed 420, 409, 406, 467, 120(B) Dist. r/w 34 IPC and Section 3 of Ahmed- MPID Act nagar
2 Jyoti Shivdas 0081/2018, Talwada, 406, 409, 420, 467, 120(B) Takankhar Dist. Beed IPC and Sections 3 & 4 of MPID Act 0107/2018, Patoda, 420, 409, 406, 467, 120(B) Dist. Beed r/w 34 IPC and Sections 3 & 4 of MPID Act 0180/2018 Ashti, Dist. Sections 420, 409 r/w 34 IPC Beed Shubhangi w/o 0263/2018 Shivaji 420, 406, 409, 467, 120-B r/w Prakash Nagar 34 IPC and Sections 3 & 4 of Lokhande Police MPID Act (Shubhangi d/o Station, Shivshankar Beed Chandge) Sadashiv Shriram 0117/2018 Majalgaon 420, 406, 409, 467, 120(B) Sherkar City, Dist. r/w 34 IPC & Section 3 of Beed MPID Act
2. In substance, the allegations in the First Information Reports (F.I.Rs.) are to the efect that, Parivartan Urban Multi- ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019
with connected matters (( 4 )) State Co-operative Society Ltd., Majalgaon (for short Society) started the functioning at Majalgaon in District Beed, in the year 2012. The Society opened its Branches at various places such as Jamkhed, Patoda, Ashti, Talwada, Shivaji Nagar, Beed etc. The Chairman, Vice Chairman, Directors and ofcials of the Society solicited deposits by ofering lucrative rates of interest to depositors. Wide publicity was given to its ofer so as to lure general public to invest their sums. Large number of depositors fell prey to the ofers. They invested their hard-earned money. On maturity of deposits, depositors approached the concerned Branches of the Society to get their returns. They have, however, not been paid their money. It was also found that, false and bogus loan proposals were prepared. Huge amount of such loan proposals have been misappropriated. The depositors, therefore, approached the concerned police stations and gave reports. Based on such reports, aforesaid crimes came to be registered.
3. Shri R.N. Dhorde, learned Senior Counsel representing the applicant Shahaji Shinde would submit that the applicant Shahaji is no way concerned with the Society. He had never been a Director of the Society. The applicant is an old aged person. The allegations are general in nature. The applicant is shown to have received/ misappropriated a sum of Rs.6,17,000/- as per the statement of the Cashier/ co-accused. The applicant is ready to ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019 with connected matters (( 5 )) deposit half of the said amount. Learned Senior Counsel, therefore, urged for grant of the applications.
4. Shri S.J. Salunke, learned counsel representing the applicant Jyoti Shivdas Takankhar would submit that, although the applicant was one of the Directors of the Society, she never participated in day-to-day proceedings. She was not a party to the decision making process. The applicant's husband is a Cancer patient. Women Directors of Samajik Parivartan Nagari Sahakari Patsanstha and the Society as well have been released on pre-arrest bail. This applicant too has been released on pre- arrest bail in connection with Crime registered with Majalgaon City Police Station. The applicant herself is the victim of the crime committed by the Chairman. The applicant has deposited a sum of Rs.80,135/- with the Society. The learned counsel, therefore, urged for grant of pre-arrest bail to the applicant.
5. Shri S.J. Salunke, learned counsel appearing for the applicant Shubhangi w/o Prakash Lokhande (Shubhangi d/o Shivshankar Chandge) would submit that, the applicant was Director of the Society during the period 2012-2017. Post 2017, she is no way concerned with the afairs of the Society. There is nothing to indicate the applicant to have siphoned of any amount. The applicant is a Teacher in a school at Majalgaon. ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019
with connected matters (( 6 )) The allegations in the F.I.R. are general and vague in nature. The applicant is aficted by several ailments. She is a patient of blood pressure. She is also undergoing treatment for Psychiatric. The applicant requires continuous medical attention.
6. Shri S.J. Salunke, learned counsel representing the applicant Sadashiv Shriram Sherkar would submit that, the applicant was not a member of Board of Directors of the Society. The allegations against the applicant are general in nature. He was working as a Cashier with the Society during the period 2012-2018. None of the customers has any grievance against the applicant. The applicant has resigned from the post of Cashier in January 2018. The applicant and his wife have an account with the Society. A sum of Rs.61,000/- has been deposited by them in the said Account. Learned counsel, therefore, urged for granting the applicant protection from arrest.
7. Learned A.P.P. would, on the other hand, submit that, the applicant Shahaji Shinde was co-opted Director of the Society. Being a Director, he signed the proceeding books and facilitated bogus loan scam to the tune of Rs.1,89,00,000/-. He has illegally received/ misappropriated a sum of Rs.6,17,000/- as per the statement of the Cashier/ co-accused. Over seven crimes have been registered at diferent police stations. ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019
with connected matters (( 7 ))
8. So far as regards applicant Jyoti Takankhar is concerned, learned A.P.P. would submit that, she being a Director, signed the proceeding book and facilitated the bogus loan scam to the tune of Rs.63,56,552/-. Over six crimes have been registered at diferent police stations.
9. So far as applicant Shubhangi Lokhande is concerned, the learned A.P.P. would submit that, total six crimes have been registered against this applicant with diferent police stations. Amount involved is Rs.3,28,00,000/-. Being a Director, she has facilitated to the bogus loan scam to the tune of Rs.63 Lakhs and more.
10. So far as regards the applicant Sadashiv Sherkar is concerned, learned A.P.P. would submit that, he was the Cashier of the Society. He knew the entire crime details. The applicant maintained records in the form of diaries, indicating how much amount is paid to diferent Directors or their relatives on say of Directors. He is a party to bogus loan proposals. Loan is allegedly shown to be disbursed, but in fact the loan amount has been misappropriated.
11. The record indicates that the applicant Shahaji Shinde ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019 with connected matters (( 8 )) is a co-opted Director. He has signed the proceeding book. He is party to bogus loan scams. Total amount alleged to have been misappropriated by Chairman, Directors and key ofcials goes little over Rs.5 Crores. He has also received a sum of Rs.6,17,000/-. An entry to that efect is found in the diary maintained by the Cashier. As such, prima facie involvement of the applicant Shahaji Shinde is writ large.
12. The applicant Jyoti Takankhar was also a Director of the Society and thus, is a party to bogus loan transactions. She is party to the decision making process. So far as regards this applicant is concerned, the amount of misappropriation is close to Rs.1 Crore. She was a Secretary of the Branch, Kada. Being a Secretary, she was a party to the decision making and preparation of documents.
13. The applicant Shubhangi was one of the Directors of the Society. She too was a party to the bogus loan scam amounting to little over Rs.63 Lakhs. About total six crimes have been registered against her. The amount involved in all such crimes is little over Rs.3 Crores.
14. The applicant Sadashiv Sherkar was a Cashier for a longer period. He has maintained a diary, indicating entries of ::: Uploaded on - 20/12/2019 ::: Downloaded on - 21/12/2019 07:29:42 ::: A. Bail Appln. No.289/2019 with connected matters (( 9 )) payment of money to the Directors. At the instance of Directors, he is party to preparation of bogus loan proposals.
15. These are the applications for anticipatory bail. Involvement of the applicants in economic ofence is writ large. Hundreds of depositors have been duped. Their hard- earned money has been misappropriated. The Society has been closed. The applicants are thus not entitled for grant of anticipatory bail. Granting them anticipatory bail would send a wrong message in the society, more so when their involvement is prima facie evident. I am, therefore, not inclined to grant them anticipatory bail. The applications thus, fail. The same are dismissed.
(R.G. AVACHAT, J.) fmp/-
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