CNR No.
MHCC020056192022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.991 OF 2022
Ashish Bhatt
R/o – Mangal Manish Society,
Plot NO.8, Khandelwal Society,
Village Road, Bhandup (W),
Mumbai78
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC
C.R.No.335/2018)
Appearance:
Mr. L.H. Atar, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
May 11, 2022
ORDER
1.
Applicant Ashish Bhatt is accused No.1 in C.R.No.335/2018
registered with BKC Police Station under Ss. 406, 408, 420, 34 IPC. He
is praying for bail. Prosecution vide say Exh.2 of Investigating Officer
strongly objected the application reiterating the facts involved in the
crime and contended to reject the application.
2.
Heard Ld. Adv. L.H. Atar for the applicant and Ld. A.P.P
Mrs. Rashmi Tendulkar. Following points arise for my determination. I
am recording following findings thereon for the reasons discussed
below :
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BA No.991/2022
POINTS
FINDINGS
1.
Whether the applicantaccused has made
out a strong primafacie case to release him
on bail ?
No
2.
What Order ?
Application stands
rejected
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO.335 OF 2018
3.
One Mr. Sushil Kumar Shridhar Shelar lodged FIR on
15.12.2018 alleging that, Mr. Laxman Dharma Patil filed Writ Petition
No.2191/2014 on behalf of members of the Pfizer Employees
Cooperative Credit Society Ltd. against Government of India and others
alleging fraud and misappropriation made by Directors of the society
and further for refund of the same. The Hon’ble High Court directed
Central Registrar, Agricultural Ministry, New Delhi to inquire and
submits its report.
Accordingly the Central Registrar directed the
informant vide No.R11017/16/2016L & M Dt.28/03/2016 to inquire
the said cooperative society as per Section 78(1) of MultiState
Cooperative Society Rules. Accordingly, informant made the inquiry
and submitted his report on 19.10.2016 to the Central Registrar, New
Delhi.
In the said report, informant specifically submitted that the
Directors of the society had not maintained the details and record in
respect of financial transactions and also made various transactions
without sanction of Annual General Meeting.
4.
Finance report for the year 200708 has a mention of a
bank. Informant contacted the said bank and obtained the statement
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BA No.991/2022
and further came to found that the Directors had withdrawn cash
amounts time to time without making available any record for the
same. Even the Directors who attended the said inquiry proceedings
could not give satisfactory explanation for their act, as such. Therefore,
the informant held all Directors responsible being their collective
responsibility. Cooperative society had appointed C.A. Mr. Ravindra
Ajgaonkar. On the basis of the information provided by the said C.A.
Mr. Ravindra Ajgaonkar informant arrived at conclusion that there is
fraud of Rs.2,24,79,692.37 and Directors have made the same. The
Hon’ble High Court directed that, proper legal action should be initiated
on the basis of the report of Central Registrar. Accordingly, informant
lodged the FIR against Directors of the said society. These are the facts.
5.
Applicant was arrested on 06.04.2022. He was directed
under police custody remand till 16.04.2022 and thereafter remanded
to judicial custody.
6.
GROUNDS FOR BAIL
a. Applicant attended the investigation on three occasions
pursuant letters.
b. He was arrested on 06.04.2022 remanded in police custody
till 16.04.2022 and on 18.04.2022 remanded to judicial
custody.
c. FIR nowhere mentions name of the accused, but in remand
application he has been charged for cheating and
misappropriation of Rs.2,80,000/ of Pfizer Employee
Cooperative Credit Society Ltd., which was allegedly done
in 200809 and he had absolutely no knowledge thereof or
any scandal.
d. He was never associated with Pfizer Society nor a member
thereof or even an office bearer.
f. In the FIR his name is mentioned as driver of Mr. Devanand
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BA No.991/2022
Pachpute. He has been working in different clothe shops for
last 25 years and does not know how to drive a vehicle nor
holds any driving license nor even worked as driver
anywhere.
g. He was introduced to Mr. Sachin Sakpal by one Mr. Santosh
Bhosale, who was residing near his residence and was
working with Pfizer Ltd.
h. Mr. Sachin Sakpal frequently started visiting his clothes
store and in 2009 requested him to withdraw cheques
amounting Rs.2,80,000/ as he was unable to operate his
account due to some technical difficulties. He helped Mr.
Sachin Sakpal in good faith by withdrawing the same
amount and giving him back the whole amount in cash
without knowing his evil intentions.
i. Ld. M.M., rejected his bail application.
j. He is falsely implicated. He and his family are poor. He has
no criminal antecedents. He has cooperated the
investigation.
k. No purpose will be served in keeping him behind bars.
l. Coaccused who was released on bail, he is main accused.
m. He undertakes to abide all conditions if application is
allowed and also will not tamper with the evidence.
7.
First of all vehement contention of the applicant that, there
is enormous delay in FIR will have no bearing while assessing the case
primafacie.
allegations
It is because initially police had not responded the
relating
to
alleged
fraud,
therefore
Writ
Petition
No.2191/2014 was filed on behalf of Phizer Employees Coop. Credit
Society Ltd., Mumbai. Wherein the fraud committed by Directors and
members of the said society was alleged.
The Hon’ble High Court
directed the Central Registrar, Agriculture Ministry to inquire the
matter and report the same. Accordingly, he inquired and investigated,
wherein the fraud of Rs.2,24,79,692.37 was revealed pointing out the
involvement of present applicant with others. In the said inquiry as
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BA No.991/2022
well as investigation made by the Investigating Officer revealed that
record with necessary details had not been maintained by the credit
Society since 2007 till date. It was also revealed that, the said record
was not maintained as there was fraud committed by Directors and
members of credit society amounting Rs. 2,24,79,692.37. It was also
revealed that the present applicant Ashish Arvind Bhatt had prepared 7
cheques, total Rs.2,80,000/ of the society money in his own name and
deposited the same in Bharat Coop. Credit Bank and thereafter
withdrew the said amount.
All this primafacie indicates gravity,
seriousness and magnitude of the offence alleged against the applicant.
8.
It is material to note that, the Ld. Court of First Instance by
order dt.18.04.2022 rejected the bail application of this applicant
observed collusion of the present applicant with other accused persons
noting their malafide intention.
He further observed that applicant
being well acquainted and well verse with the records as well as dayto
day business of the society, is likely to vanish the evidence if released on
bail.
He also observed that, releasing him on bail would hamper
investigation. He specifically noted that the investigation is in progress,
hence it will not be proper to release the accused at this stage.
Immediately thereafter this application is preferred without pointing out
any change in circumstance. I am of the opinion that, offences alleged
against the applicant are very serious from the point of gravity and
magnitude thereof. It cannot be ignored that, police authorities were
accelerated due to inquiry made by the Central Registrar, Agricultural
Ministry, who was directed by the Hon’ble High Court to inquire.
Therefore, thorough investigation of the offence is necessary. In this
background delay in lodging FIR cannot be capitalized to claim bail.
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BA No.991/2022
9.
At the cost of repetition it has to be noted that amount
involved in the offence is huge. It is necessary to investigate the matter
thoroughly, which is not possible if applicant is released on bail. There
is every possibility that, he would interfere the investigation and try to
disappearance of material evidence. Therefore, I am of the opinion that
neither there is change in circumstance after the order dt.18.04.2022
passed by the Ld. Metropolitan Magistrate, 71st Court, Bandra, Mumbai
nor the merits of the prosecution case warrant release of accused on
bail at this preliminary stage when investigation is in progress. Hence, I
hold that accused could not establish any strong primafacie case for
granting bail.
Therefore, Point No.1 is answered in the negative and
following order is passed :
ORDER
Bail Application No.991 of 2022 stands rejected.
Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.05.11
16:29:49 +0530
Dt.: 11.05.2022
Signed on
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 11.05.2022
BA No.991/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11.05.2022
at
hours
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(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 11.05.2022
Judgment/order signed by P.O. on
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