Bombay High Court
Sambhaji Baburao Patil vs The State Of Maharashtra on 11 February, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
40-ABA-221-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.221 OF 2021
Sambhaji Baburao Patil ... Applicant
Versus
The State of Maharashtra ... Respondent
.....
Mr. Ravin Bhuttar i/b Mr. Vijay Shinde, Advocate for the Applicant.
Mr. Y. M. Nakhwa, APP for the Respondent - State.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 11th FEBRUARY, 2021
PER COURT:
1. This is an application for anticipatory bail in connection
with C.R. No. 2 of 2021 registered with Crime Branch, C.B.D.
Belapur for the offences under Sections 420, 294(A) r/w Section 34
of Indian Penal Code and Sections 4(A), 5 of the Maharashtra
Prevention of Gambling Act, 1887 and Section 66(d) of the
Information Technology Act, 2000.
2. The case of the prosecution is that, raid was conducted
on 31st December, 2020 at Shop Nos. 7, 8 & 9 situated at Mini
Market, Sector-6, C.B.D., Belapur, Navi Mumbai. The raid was
Manish Digitally signed by
Manish S. Thatte
conducted on receipt of secret information about illegal Lottery
S. Thatte Date: 2021.02.17
10:44:33 +0530
Center. The applicant is the owner of the block Nos. 7, 8 & 9. At the
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time of raid it was found that the accused in collusion with S.B.S.
Broking & Trading Auctioning Centre (OPC) Pvt. Ltd and Avishkar
Broking and Trading Co. were running illegal online
gambling/lottery through computers on pretext of online rice auction
centre. Accused Nos.1 to 3 were arrested on the spot. They were
employees of applicant, who were operating the computers. The
source of softwares and data of computers seized from the spot is to
investigated. The applicant had obtained dealership online
gambling/lottery from Avishkar online marketing. Various criminal
cases were registered against the Avishkar online marketing.
3. The applicant had preferred an application before the
Sessions Court which has been rejected by order date 18 th January,
2021.
4. Learned advocate for the applicant submitted that no
specific role has been assigned to the applicant. The applicant had
obtained dealership from the two companies in respect of online
auction. In accordance with agreement he purchased softwares from
those companies and accepting amount from the customers towards
auction of rice. The arrested accused are released on bail. The
articles were seized. The receipts of other items were found on the
spot. Nothing is required to be recovered. The applicant had no
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knowledge whether the rice is actually delivered to the customers or
not. The applicant is victim at the instance of S.B.S. Broking &
Trading Auctioning Centre (OPC) Pvt. Ltd and Avishkar Broking and
Trading Co. online. The applicant had filed complaint against
Avishkar Broking and Trading Co. online on 5 th January, 2021. It is
further submitted that in 2004, the applicant had deposited the
amount for retail Lottery Centre namely Rajshree Lottery as retailer
to Avishkar Co. He had handled the lottery centre under instructions
of the distributor. He was given understanding that the business
operated is legal and Avishkar Group is permitted to perform such
business. In September, 2020 Avishkar Group proposed to carry
forward S.B.S. Auction machines from S.D.S. Broking and Trading
Auctioning Center Pvt. Ltd. in spite of Rajshree Lottery. The Avishkar
Group informed the applicant and ensured that the auction machine
was legally authorized by the government and provided documents
in that regard. The applicant believed the particulars stated by
Avishkar Group and continued on the deposit made by him to the
distributor for the said machine and business set up. He had no
intention to deceive the Government or any authority. The said shop
was provided by Avishkar Group. The transactions and the amount
for trading mentioned in the order passed by the learned Sessions
Judge has not relevance to the accused. Except Section 420 of Indian
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Penal Code, all other offences are bailable.
5. Learned APP submitted that the applicant's involvement
is disclosed. Investigation revealed the complicity of applicant in the
crime. He pointed out investigation papers and the statements of the
witnesses. It is submitted that the statements of the persons who had
visited the lottery center indicate that several persons were indulging
in lottery by providing number. When the police raided, they were
questioned about their presence. They were asked whether auction
of rice is going on at the said centre. The witnesses stated that no
such auction is being operated and the customers are playing lottery
with single digit number. He further submitted that the statements of
witnesses would also indicate that The applicant is involved in
conducting this Lottery Centre.
6. The investigation is in progress. From the FIR and the
investigation paper it can be seen that the prosecution case is that
the applicant is involved in the crime. The premises were raided. The
applicant contends that, he had no knowledge of real nature of
business. However, the case of the prosecution is that it was revealed
on verification of data that, in between 19 th December, 2020 to 10th
January, 2021, the company had carried out trading of
Rs. 10,97,00,000/- but no rice is delivered to anyone. This, shows
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that the applicant has willingly indulged in business of online
gambling/lottery under the pretext of online auction of rice. It was
also alleged that the scope of transaction is very wide and huge
amount is involved. Considering the aforesaid circumstances, I find
that this is not the fit case to grant relief under Section 438 of Cr.P.C.
Custodial interrogation of the applicant is necessary. Hence, I pass
the following order:
ORDER
Anticipatory Bail Application No. 221 of 2021 is rejected and stands disposed off accordingly.
7. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(PRAKASH D. NAIK, J.)
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