Bombay High Court
Satish Popatrao Kale vs The State Of Maharashtra on 25 February, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2321 OF 2018
Satish Popatrao Kale .. Applicant
Vs.
State of Maharashtra .. Respondent
......
Mr.Tushar N. Sonawane a/w. Mr.Sanjeev Kadam and Mr.Prashant
Raul, Advocate for the Applicant.
Mrs.A.A. Takalkar, APP for the Respondent - State.
PSI Rajendra Choudhari, EOW, Nashik Rural, present.
......
CORAM : PRAKASH D. NAIK, J.
DATED : FEBRUARY 25, 2020.
P.C. :
This is an application for grant of bail under Section
439 of Cr.P.C. Applicant was arrested on 11 th September, 2017, in
connection with C.R.No.I-124 of 2017, registered with Lasalgaon
Police Station, Niphad, Nashik, for the ofences punishable under
Sections 406, 409 and 420 read with 34 of Indian Penal Code
("IPC", for short) and Sections 3 and 4 of the Maharashtra
Protection of Interest of Depositors (In Financial Establishment)
Act, 1999 ("MPID Act", for short).
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2 The prosecution case is that the applicant was
Chairman of Dhokeshwar Multistate Urban Co-operative Credit
Society Limited. The investors had deposited an amount with the
said Co-operative Credit Society. They did not receive
refunds/returns, as promised to them. Complainant and others
had approached the ofice of the Credit Society on several
occasion, but, they did not get the money invested under monthly
income plan as well as other schemes. The investors then
realised that they have been deceived by the applicant and his
associates. The head ofice of the Credit Society was at
Lasalgaon, Niphad, Nashik. It had branches at other places. It is
alleged that the accused in connivance with each other induced
the depositors to deposit the money under the scheme. Initially,
some of the depositors were paid the returns. However,
subsequently, the returns were not paid to them. During the
investigation, statement of the witnesses were recorded. It is
alleged that several investors were cheated. According to
prosecution alleged amount of misappropriation was to the tune
of Rs.28,23,49,269/-. It is alleged that the applicant had played a
major role in the transactions. The applicant had established
various frms. Loans are obtained by the said frm without
furnishing security.
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3 Applicant had preferred an application for bail before
the Additional Sessions Judge, Niphad, Nashik. It was rejected by
order dated 23rd April, 2018.
4 Learned counsel for the applicant submits that the
total amount of defalcation, as alleged by the prosecution in the
afidavit fled opposing application for bail is vague and it is not
supported by any material. It is not clear as to how the
investigating agency have arrived at the said fgure. It is further
submitted that the applicant is in custody from 11 th September,
2017. Except the applicant, all the other accused were granted
bail.
5 The applicant tendered the Afidavit-Cum-
Undertaking dated 3rd February, 2020. Similar Undertaking
executed by Vaishali Kale (wife of the applicant) and Sanjay Kale
(brother of the applicant) are also tendered. The said
Undertakings are taken on record and marked "X", "X-1" and
"X-2", respectively, for identifcation. The Undertaking executed
by the applicant was afirmed before Jail Authority, where
applicant has been detained. In the said Undertaking, it is stated
that without prejudice to his legal rights and contentions, he is
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fling the said Undertaking. It is stated that the properties
mentioned therein is owned by the applicant, his wife and
brother. It is submitted that the properties bearing Gat No.392/5
situated at Takali Vinchur having area of 0.30 R is owned by the
applicant and the market value of the said property, according to
the applicant is Rs.1,11,15,000.00, and the Ready Reckoner value
is Rs.16,17,017.00. The property bearing shop no.21, situated at
Lasalgaon having area of 88.81 square meters is owned by the
applicant and his wife Vaishali Kale. The market value of the said
property is Rs.10,22,967.00. The property bearing Gat No.392/2
situated at Takali Vinchur admeasuring 0.35R is owned by the
applicant. The Ready Reckoner value of the said property is
16,17,017.00, and the market value of the said property is
Rs.1,11,15,000.00. Similarly, the property bearing Gat No.90/1
situated at Pimpalgaon Nashik is admeasuring 0.09 is owned by
brother of the applicant having Ready Reckoner value of
Rs.9,66,600.00, and market value is Rs.8,98,200.00. The other
property bearing Gat Nos.418, 424, 441 and 392 situated at
Takali Vinchur is having area of 1.20R and owned by the
applicant and his brother Sanjay Kale. It is submitted that the
said property was acquisitioned and the Acquisition Award has
been passed on 18th July, 2016 in L.A.R.No.22/2012 by learned
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Civil Judge, Senior Division, Niphad, Nashik, and the total
amount of compensation along with interest as on date is
Rs.4,00,48,840.00. The said amount has been deposited in Civil
Court. The afidavit further mentions that the landed properties
mentioned therein are owned by the applicant, his wife and
brother. They have undertaken not to sale, alienate, mortgage or
transfer the said property in any manner, and the properties are
liable for attachment under the proceedings to be initiated in the
present crime. The Afidavit-Cum-Undertaking also mentions
that the applicant and his brother Sanjay Kale would not
withdraw the amount deposited towards the compensation
acquisitioned in the aforesaid Court. The applicant has
undertaken that the properties mentioned in the afidavit and
owned by the applicant, his wife and brother, is liable for
attachment. It is submitted that the applicant, his brother and his
wife has no objection for attachment of the said property under
the MPID Act. Similarly, the wife of the applicant and his brother
Sanjay Kale have also fled afidavits supporting the Afidavit-
Cum-Undertaking fled by the applicant. The Afidavit-Cum-
Undertaking also refers to property Gat No.51/1/2 at Kondhva,
Pune, which was purchased by the Credit Society, however, there
are disputed questions with regards to the said purchase, as
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subsequently, the sale was sought to be cancelled, and, therefore,
it is not necessary to deal with the said property. The applicant
has tendered fresh Afidavit-Cum-Undertaking dated 24 th
February, 2020. In this Undertaking it is stated that in addition to
the earlier afidavit, the applicant is tendering this Afidavit-Cum-
Undertaking in support of his bail application. It is stated that the
applicant has no objection in case the concerned Court i.e. the
Learned Civil Judge Senior Division, Niphad, Nashik, transfer the
amount of Rs.4,00,48,840.00, lying in the name of applicant, his
brother as per the Award passed on 18th July, 2016 in L.A.R.
No.22/2012, by the Civil Judge, Senior Division, Niphad, Nashik,
to the Special Judge and Extra Joint District and Sessions Judge,
Niphad, Nashik, with a view to attach the same under the MPID
Act or to proceed with same as per law, wherein the trial is
pending. It is further stated that the applicant would not claiming
any rights whatsoever nature to the amount of Rs.4,00,48,840.00,
and, he has no objection to that efect. The Afidavit-Cum-
Undertaking is afirmed before the Jail Oficials. Similar
Undertaking is also fled by the brother of the applicant Sanjay
Kale, supporting the undertaking fled by the applicant. Both the
Undertakings are taken on record and marked "X-3" and "X-4",
respectively, for identifcation.
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6 Learned counsel for the applicant, on instructions,
submitted that the amount of Rs.4,00,48,840.00, is lying in the
Civil Court. No other person has claim over the said amount
except the applicant and his brother Sanjay Kale. Applicant and
his brother Sanjay Kale, is entitled to withdraw the said amount,
and, thus, they have no objection for transferring the said amount
in the trial Court, wherein the proceedings arising out of
C.R.No.I-124 of 2017, are pending with a view to attach the same
under MPID Act or to proceed with the same as per law. The
applicant has categorically stated in the Undertaking dated 24 th
February, 2020, that the applicant and his brother would not
claim any rights of whatsoever nature to the said amount.
Learned APP, however, submitted that the amount involved is
more than 28 crores. The contention of the prosecution, however,
disputed by the applicant on the ground that it is not clear as to
on what basis such fgure is granted by the prosecuting agency.
All other accused are on bail. The investigating agency will be at
liberty to initiate attachment action in respect to properties
mentioned in the afidavit / Undertaking.
7 In view of the Afidavit-Cum-Undertaking and also
considering the fact that the applicant is in custody for a period
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of about more than two years, bail can be granted to the
applicant, on certain terms and conditions.
8 Hence, I pass the following order:
:: O R D E R ::
(i) Bail Application No.2321 of 2018, is allowed;
(ii) Applicant is directed to be released on bail in connection with C.R.No.I-124 of 2017, registered with Lasalgaon Police Station, Niphad, Nashik, on his executing P.R. Bond in the sum of Rs.1,00,000/-, with one or more sureties in the like amount;
(iii) The amount deposited before the Court of learned Civil Judge Senior Division, Niphad, Nashik, in the sum of Rs.4,00,48,840.00, in L.A.R. No.22/2012, be transferred to the Court of Special Judge and Extra Joint District and Sessions Judge, Niphad, Nashik, dealing with the MPID Special Case No.2 of 2017 with a view to attach the same under the provisions of MPID Act. The applicant and his brother Sanjay ::: Uploaded on - 29/02/2020 ::: Downloaded on - 11/06/2020 20:39:29 ::: rpa 9/9 901-ba-2321-18.doc Kale shall co-operate with the Civil Court for transferring the amount to the MPID Special Court,
(iv) Applicant shall report EOW, Nashik Rural, once in a month on frst Saturday of the month between 11:00 a.m. to 01:00 p.m., till further order;
(v) Bail Application stands disposed of.
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