Mumbai, Maharashtra – June 30, 2022 – Vivek Subhash Vadatkar has been granted bail in a case involving fraud and criminal breach of trust. The Additional Sessions Judge, S.D. Kulkarni, of the Sessions Court for Greater Bombay, approved Vadatkar’s bail application (Bail Application No. 1153 of 2022) citing his limited role in the alleged offense and his prolonged judicial custody.
Background of the Case:
Vadatkar was arrested and charged under Sections 420 (cheating), 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 408 (criminal breach of trust by clerk or servant),1 and 120(B) (criminal conspiracy) of the Indian Penal Code (IPC) in connection with Crime No. 249/2019 registered at Pydhonie Police Station.
Allegations and Arrest:
According to the prosecution, Vadatkar allegedly assisted the main accused, Saurabh Horambe, in disposing of property obtained through fraudulent means. Specifically, he provided his bank account details to Horambe, who then deposited funds intended for farmers into those accounts. Vadatkar was arrested on November 12, 2019, and had been in judicial custody since November 18, 2019.
Defense Arguments:
Advocate R.V. Gupta, representing Vadatkar, argued that his client was falsely implicated and had no direct involvement with LEML or the complainant company. He stated that Vadatkar’s role was limited to providing his bank account details, and all documentary evidence was in the custody of the investigating agency. He also highlighted that other co-accused had been granted bail under changed circumstances and that the chargesheet had been filed, making custodial interrogation unnecessary.
Prosecution’s Counter-Arguments:
Additional Public Prosecutor (APP) Abhijeet Gondwal opposed the bail application, arguing that Vadatkar assisted Horambe by providing his bank accounts, where significant amounts were deposited. He argued that if released, Vadatkar might threaten witnesses and abscond.
Court’s Observations and Decision:
Judge Kulkarni noted that the main offender was accused No. 1, Saurabh Horambe, who manipulated the farmers’ portal and transferred funds with Vadatkar’s assistance. However, the court also observed that Vadatkar’s role was limited to providing his bank account details and that there was no evidence that he had fabricated documents or actively manipulated accounts.
“I have perused the entire reply filed by the prosecution, it is nowhere mentioned that applicant / accused has fabricated any documents or taken active role in manipulating accounts. The applicant / accused is played limited role that he had given two bank account numbers. The main accused so, as to divert the amount of farmers to the account of their office friend,” Judge Kulkarni stated in his order.
The court also noted that other accused involved in similar activities (depositing farmers’ funds into their accounts) had been granted bail. The court emphasized that the chargesheet had been filed and Vadatkar had been in judicial custody since November 2019.
“The other accused who are on same footing such as beneficiaries, of accused No.1 used to deposit the farmers amount in their bank account so releasing on the bail. I have already stated that prosecution has filed chargesheet in the court. The entire evidence collected by the prosecution. Since November, 2019 applicant / accused is in judicial custody therefore, in my opinion applicant / accused is entitled to release on bail,” Judge Kulkarni stated.
Order:
The court granted bail to Vadatkar, subject to the following conditions:
- He must execute a Personal Bond (PB) and Surety Bond (SB) of Rs. 50,000 with one or two sureties of the same amount.
- He is allowed to deposit a provisional cash bail of Rs. 50,000, which must be converted to a surety within four weeks.
- He must attend the trial regularly.
- He must deposit his passport, if any, with the investigating agency.
- He must not tamper with prosecution witnesses or evidence.
- He must not leave India without prior court permission.
- Bail must be furnished before the committing court.
Significance of the Ruling:
This ruling highlights the court’s consideration of the accused’s limited role in the alleged offense and the prolonged period of judicial custody when deciding bail applications. The court’s decision underscores that in cases where the accused’s involvement is peripheral and the investigation is complete, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.
Key Factors in the Bail Grant:
- Vadatkar’s limited role in the alleged offense.
- Prolonged period of judicial custody.
- Filing of the chargesheet.
- Grant of bail to other similarly situated co-accused.
- Conditions to ensure Vadatkar’s presence and prevent witness tampering.
Future Proceedings:
The trial will proceed in the Sessions Court, where the prosecution will be required to prove the charges against Vadatkar and the other accused beyond a reasonable doubt. The court will monitor Vadatkar’s compliance with the bail conditions.