CRI. BA 55/2024 1 ORDER MHCC020003962024

IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT MUMBAI

CRIMINAL BAIL APPLICATION NO. 55 OF 2024 ( CNR NO.: MHCC02-000396-2024 )

SMT. GEETANJALI SANTOSH SHRIVASTAV
Age:- 41 years, Occ:- Business,
Residing at 9/B. Flat no. 1,
Aashiana CHS Ltd, Amol Nagar,
Naigoan (W), Taluka Vasai,
Dist- Palghar-401207 …Applicant/Accused

V/s.

The State of Maharashtra, (At the instance of Pant Nagar Police Station vide C.R.No.738/2022
having C.C.T.N.S. No. 873/2022) …Respondent/State.

Appearance:Ld. Advocate S. P. Ramdasi for the applicant/accused. Ld. S. P.P. S.V. Kekanis for the State/respondent. CORAM : H.H. THE ADDL. SESSIONS JUDGE S.M. TAPKIRE (C.R.60)
DATE : 31.01.2024. ORDER

1.This is an application under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in connection with the crime vide C.R. No. 738 of 2022 dated 14.10.2022 registered with respondent/state for the offences punishable under Sections 419, 420, 409, 464, 465, 467, 468, 471, 120(B) of the Indian Penal Code, 1860.

2.The respondent/state has strongly opposed to the bail plea the applicant on various grounds
by filing their written say/submission at Exh-4.

3.Perused the application, plea submissions, grounds raised therein coupled with the documents placed reliance by the applicant. Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.

4.Having heard to the rival parties and considered their raised plea grievance submissions contentions objections by it primafacie inclined the impugned crime raised by the Chief Manager of Rajkot Nagarik Sahakari Bank Ltd against the applicant and other 31 co-accused allegedly the agents and borrowers of loan transactions of his bank and they all by hatching criminal conspiracy grabbed misappropriated in all bank amounts Rs. 11,94,02,000/-. It is alleged that the borrowers, agents with the help of the then Branch Manager Accused No. 1 Vipul Patel prepared fabricated false dubious forged documents of LIC Policies, Aadhar Card, Pan Card and concerned required documents. On relying it get approved sanctioned the loan amount and then the loan amount siphoned off, routed, transferred in their other bank accounts. It reveals till now six accused are arrested. However, the accused Vipul Patel (Branch Manager), Mangesh Mhatre (Borrower), Vasant Mhatre (Borrower) are enlarged on bail. However,
the main accused Rani Durairaj, Rajiv Biswas and Irfan Pathan are behind bar. The pre-arrest bail plea raised by the applicant by ABA No. 1603/2023 is pleased to rejected on 30.11.2023. Thereon, she is
arrested on 09.12.2023. Her bail plea raised before the Ld. Trial Court is pleased to rejected on 28.12.2023. In the circumstance the applicant come with the case that she is borrower of said bank and get availed overdraft facility of Rs.30 Lakhs. She was not having any specific clear dishonest malafide intention to grab misappropriate the availed loan amount. Moreover, after availing the loan amount she has deposited time to time the installement of loan amount with bank and till now the amount Rs.5,61,000/- refunded by her to said bank. She has not prepared fabricated any document in view of availing any loan amount. In fact the Accused No.1 Vipul Patel the then Branch Manager and his
agent Rani Durairaj and Rajiv Biswas have done the alleged part of compliance of documents for which she was not having any concern involvement participation by any manner. She also submitted that
hereinafter she will regularly deposit the installment of loans for which the liberty is required to her. The Ld. Trial Court has rejected her bail plea on mere and presumptive grounds. The same are unsustainable
and unconsiderable. She also raised general grounds.

5.The respondent/state has strongly opposed to the bail plea of applicant by raising plea objection that the applicant is one of the conspirator of main accused Vipul Patel, Rani Durairaj and Rajiv Biswas. Along with them, she has with malafide dishonest intention prepared fabricated false dubious forged documents in view of availing huge loan amount by as overdraft facilities. Thereby, she has grabbed in all loan amount Rs.30 lakhs. Since raising of impugned crime she was absconded. After lapse of more than one year period she detected and arrested. Though it is shown certain amount deposited by her with bank. However, the same is complied only with intention to rescue her from the alleged serious in natures economic crime. The entire loan amount Rs. 30 lakhs misappropriated, siphoned-off routed transferred by her in other bank account. The same is yet to detected transpired and seized. In impugned matter huge public money is involved. Thereby, considering the very intention modus, style and manner to commit the crime and grabbed the huge public money she does not deserve to have the liberty. They also raised general objections.

6.In above such circumstance cautiously considered the raised grievance submissions objections and record availed prima-facie inclined the substantial material facts circumstances already have been investigated. Even against the certain arrested accused charge-sheet is also submitted. In impugned crime in all 32 accused are involved. Those are agents, borrowers and bank employees. The record shows the accused no. 1 Vipul Patel the then Branch Manager is enlarged on bail. The alleged role of applicant in impugned crime is concerned with the borrower. It is alleged that she had obtained the loan by overdraft facilities by as Rs.30,00,000/- by submitting forged dubious fabricated documents record LIC Policies and the availed loan amount is siphoned off, routed transferred in other bank accounts. She is arrested on 09.12.2023. Her bail plea is rejected by Ld. Trial Court on 28.12.2023.
It also reveals the borrowers Mangesh Mhatre, Vasant Mhatre are enlarged on bail. The main culprit agent Rani Durairaj and Rajiv Biswas and other borrowers Irfan Pathan are behind bar. The account of extract submitted by the applicant and respondent clarified she has deposited CRI. BA 55/2024
in all amount Rs.5,61,413/- by as refund of loan amount. Thus, in all such eventualities considering the levelled allegations its seriousness gravity coupled with conduct demeanour behave of applicant and the material relevant factum of the ground of parity as other two borrowers are enlarged on bail. Thereby, it is my humble view and considered opinion that the applicant is being borrower and she has repaid certain loan amount to the informant bank and by her submission she undertakes to repay the remaining loan amount. The same required to be considered perspectively in view of having liberty to her. However, I felt in view of raised allegations seriousness gravity of crime and requirement of presence of applicant while trial and charges of commission of serious economic crime by saddling stringent conditions would appropriate to have the liberty to her. With this passed the following order.

:ORDER:

1.The present Criminal Bail Application No. 55 of 2024 is hereby allowed, subject to following conditions by the applicant/accused.

a.The applicant SMT. GEETANJALI SANTOSH SHRIVASTAV, age 41 years, residing at 9/B. Flat no. 1, Aashiana CHS Ltd, Amol Nagar, Naigoan (W), Taluka Vasai, Dist- Palghar-401207 be released on executing a P.R. Bond of Rs. 10,00,000/- (Rupees Ten Lakhs Only) and furnish one or two solvent sureties in the like amount in connection with the crime vide C.R. No. 738 of 2022 (C.C.T.N.S. No. 873/2022) registered with Pantnagar Police Station for the offences punishable under Sections 419, 420, 409, 464, 465, 467, 468, 471, 120(B) of the Indian Penal Code, 1860.

b.The applicant shall not tamper or hamper the prosecution witnesses and evidence by any manner.

c.The applicant shall attend every date of trial without fail.

d.The applicant shall not indulge in any criminal activity.

e.The applicant shall not leave India without prior permission of Ld. Trial Court.

f.The applicant shall submit her proper considerable residential address proof as well as telephone and cell numbers with respondent, in view of her contact.

g.The applicant to make surety compliance before Ld. Trial Court.

h.Accordingly, inform to the Ld. Trial Court, Investigating Officer/ Pant Nagar Police Station by sending copy of this order.

i.The respondent/ Pant Nagar Police Station to take note of this order.

j.The present Criminal Bail Application No. 55 of 2024 stands disposed of accordingly.

Dictated and pronounced in open court. Sd/- Dictated on Transcribed on Date of sign : 31.01.2024
: 01.02.2024 : 03.02.2024 (S.M. Tapkire) Addl. Sessions Judge Sessions Court, Mumbai. C.R. 60
CRI. BA 55/2024 7 ORDER “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER” 03/02/2024, 3.07 p.m. UPLOAD DATE AND TIME Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions Court, Mumbai. Date of pronouncement of Judgment/Order 31.01.2024 Order signed by P.O. on 03.02.2024 Order uploaded on 03.02.2024