Greater Bombay, May 5, 2018 – Kavita Mankikar, an accused in the multi-crore Nirav Modi scam, has been denied interim bail by the Special Court for CBI at Greater Bombay. Mankikar sought temporary release to attend the “thirteenth day” post-funeral ceremony of Shrilata Anant Kalbag, who passed away on April 30, 2018. The ceremony is scheduled to be held on May 12, 2018, at Mankikar’s residence.
Mankikar is an accused in FIR No. RC 01/E/2018, which charges her under Section 120-B read with Section 420 of the Indian Penal Code, 1860, and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, in connection with the massive fraud allegedly perpetrated by Nirav Modi and others.
Applicant’s Plea for Interim Bail:
Advocate Mr. R. S. Agarwal, representing Kavita Mankikar, argued that his client had been residing with the deceased, Shrilata Anant Kalbag, for the past 35 years. He emphasized the importance of attending the post-funeral ceremony, stating it was to be held at Mankikar’s own residence. He requested interim bail to allow Mankikar to participate in this significant ritual.
CBI Opposes Bail, Citing Distant Relationship:
Special Public Prosecutor (SPP) Mr. Sharma, appearing for the CBI’s Bank Securities and Fraud Cell (BS and FC), strongly opposed the application. The CBI argued that the deceased was not a close relative of the applicant. Specifically, the deceased was identified as the wife of the brother of Mankikar’s mother-in-law. The prosecution contended that given this distant relationship, Mankikar was not obligated to perform any rites or rituals for the deceased. Furthermore, the CBI asserted that bail could not be granted solely for the purpose of attending such a function and urged the court to reject the application.
Reliance on High Court Precedent:
Ld. Counsel for the applicant, Mr. Agarwal, cited a decision of the Hon’ble Bombay High Court in the case of Nusrat @ Nasrat Ali Mohammd Idris Khan V/s. The State of Maharashtra (2015 SCC OnLine Bom 2758). In that case, interim bail was granted on humanitarian grounds to an accused whose father had passed away, with police escort provided to attend the funeral ceremony.
Relying on this precedent, Mr. Agarwal pleaded for bail for his client, subject to suitable conditions.
Court Distinguishes Precedent, Finds No Merit in Application:
His Honour Judge Shri S.R. Tamboli, presiding over the Special CBI Court (Court Room No. 47), carefully considered the arguments and the cited precedent. However, the court distinguished the facts of the present case from the Nusrat @ Nasrat Ali case. In the cited case, the deceased was the father of the accused, a very close relative. In contrast, the court noted that Shrilata Anant Kalbag was a distant relative of Kavita Mankikar – the wife of her mother-in-law’s brother.
The court observed that the closest relatives of the deceased would be her husband and her immediate family members. It categorized Mankikar as a “very distant relative” and stated that her attendance at the post-funeral ceremony was not deemed necessary. The court further held that bail could not be granted merely to attend such a function.
Finding the Nusrat @ Nasrat Ali case distinguishable on its own facts, the court concluded that there was no substance in the contention of the applicant’s counsel.
Order:
Consequently, the Special CBI Judge Shri S.R. Tamboli passed the following order:
Application is dismissed.
The order, dictated on May 4, 2018, and signed and uploaded on May 5, 2018, signifies the court’s strict approach in granting bail to accused individuals, even for seemingly humanitarian reasons, especially in high-profile economic offense cases where the accused faces serious charges. The court’s emphasis on the distant relationship between the applicant and the deceased highlights the need for a closer familial tie to warrant interim bail for attending such ceremonies. This decision underscores the challenges faced by the accused in the Nirav Modi scam in securing any form of temporary release.