Mumbai, July 19, 2022 – Manoj Kashinath Koli, a 55-year-old, has been granted bail by the Designated Court under the Maharashtra Protection of Interest of Depositors (MPID) Act in Mumbai. Koli was arrested in connection with Crime No. 85 of 2022 (originally FIR No. 64 of 2022 at Kalachowki Police Station), registered with the Economic Offences Wing (EOW) Unit-13, for offenses under Sections 379 (theft), 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine¹ a forged document), 34 (acts done by several persons in furtherance of common intention), and 120-B (criminal conspiracy) of the Indian Penal Code (IPC),² as well as Section 124 of the Maharashtra Police Act.

The Allegations

The case originated from a report filed by Police Constable Parag Vilas Shinde of Kalachowki Police Station, who, on May 6, 2022, found a suspicious oil tanker parked near Cotton Green parking. Upon inquiry, the driver, Muktar Mazhar Sheikh, failed to provide a satisfactory explanation. A search of the tanker revealed black furnace oil. Sheikh identified Kunal Wagh and Niyaz Shabbir Khan as the owners. The investigation revealed that the oil was allegedly stolen from Bharat Petroleum Corporation Limited (BPCL).

Initially, the crime was registered under Section 124 of the Maharashtra Police Act. Later, during the investigation, it was alleged that Koli and others were involved in the theft of furnace oil from BPCL. Koli was arrested on May 24, 2022.

Koli’s Defense and Arguments

Mr. Sanjog Parab (or Mr. Mohan Rao) and Ms. Sulbha Rane, representing Koli, argued that their client was falsely implicated. They pointed out that the initial FIR named only three individuals, and Koli’s name was not mentioned. They also highlighted that the initially accused individuals had already been granted bail. They argued that the investigation had not yielded any evidence linking Koli to the crime or any wrongful gain. They asserted that the trial court’s rejection of bail based on the possibility of hampering the investigation was unsustainable.

Prosecution’s Objections

Mr. Malankar, the Special Public Prosecutor (SPP), and the Investigating Officer (API Sawant) opposed the bail application. They argued that Koli had a prior criminal record involving similar offenses and that the theft involved a substantial amount of furnace oil (Rs. 13,94,950). They alleged that Koli was a key member of the group involved in the conspiracy to steal oil from BPCL. They argued that the investigation was at a nascent stage and that there was a strong possibility of hampering the investigation if Koli was released.

Court’s Observations and Decision

Additional Sessions Judge Shri S.M. Tapkire considered the submissions from both sides and the documents on record. The court noted that the initial FIR named only three individuals, who were later granted bail. The court also observed that the allegations against Koli were primarily based on his association with the other accused and the claim of a criminal conspiracy.

“The record itself clarifies that against the applicant just raised the accusation with regard to involvement of him by his common intention and as a part of criminal conspiracy. Except that no considerable cognizable reliable appreciable grievance allegations are inclined,” Judge Tapkire stated in the order.

The court found that the trial court’s rejection of bail based solely on the possibility of hampering the investigation was not sufficient grounds to deny Koli’s liberty. The court also noted that the alleged crime was registered on May 6, 2022, and that significant material facts would likely be documented. The court decided to grant bail subject to stringent conditions.

Bail Conditions

Koli was granted bail on a personal bond of Rs. 1,00,000 and one or two solvent sureties of the same amount. The court imposed the following conditions:

• Koli must not tamper with prosecution witnesses or evidence.
• He must cooperate with the investigation and be available for interrogation.
• He must not leave India without prior permission from the trial court.
• He must deposit his passport with the EOW.
• He must provide his residential address proof and contact numbers to the EOW.
• He must comply with the surety requirements before the trial court.

Key Points

• Initial FIR and Bail of Co-Accused: The court considered the initial FIR and the fact that the initially accused individuals were granted bail.
• Lack of Specific Allegations: The court noted the lack of specific allegations against Koli beyond his association with the other accused.
• Possibility of Hampering Investigation: The court found that this alone was not sufficient grounds to deny bail.
• Stringent Conditions: The court imposed stringent conditions to ensure Koli’s cooperation and prevent interference with the investigation.