Allowed

Ramprasad Wamanrao Kadam (Bordikar) v. the State of Maharashtra

Bombay HC21 Oct 2013APPLN/2369/2013

Case brief

AI extract

What is this about?

This Criminal Application by an MLA sought relaxation of bail conditions restricting his entry into Parbhani city and participation in the District Cooperative Bank. The High Court recalled the entry ban and terminated the condition prohibiting bank participation.

What did the court decide?

Prohibition to enter Parbhani city recalled. Condition prohibiting participation in P.D.C.C. Bank activities terminated. Permission granted to enter city and participate in bank activities under law.

Ramprasad Wamanrao Kadam (Bordikar) Vs the State of Maharashtra — Bombay HC (2013) — LawSathi Research

¶1

CR.APLN.NO.2369/2013

¶2

¶3

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

¶4

CRIMINAL APPLICATION NO.2369 OF 2013

¶5

Ramprasad s/o Wamanrao Kadam (Bordikar)
Age 65 yrs. Occ. Agriculturist,
MLA and Social work,
Chairman of Parbhani District Central
Cooperative Bank, Parbhani,
r/o Pedgaon Road, Parbhani.

¶6

...PETITIONER
(Orig.Accused no.1)

¶7

VERSUS

¶8

The State of Maharashtra.

¶9

...RESPONDENT

¶10

...

¶11

Mr. Vijay Sharma, Adv., for the petitioner.
Mr. V.D.Godbharle, APP for respondent State.
Mr. S.S.Jadhavar, Adv., to assist A.P.P.

¶12

...

¶13

CORAM: K.U.CHANDIWAL, J.

¶14

Date:October 21st, 2013

¶15

...

¶16

P.C.:-

¶17

1.Heard Mr. Sharma, Mr. Jadhavar and
learned A.P.P. extensively. In fact, this matter
was heard on earlier occasion.

¶18

2.The petitioner, a sitting M.L.A., from
Jintur constituency of Parbhani district, has

¶19

2 CR.APLN.NO.2369/2013

¶20

requested to relax conditions imposed by the
learned Additional Sessions Judge, Parbhani, in
Criminal Application No.81/2012, which was, to
some extent, modified by this Court by order dated
23rd April, 2012.

¶21

3.Chargesheet is filed on 22nd Feb., 2012.

¶22

4.Mr. Jadhavar, learned Counsel for
original complainant, has criticized the manner in
which investigation has been completed. He says, a
protective umbrella was, indeed, provided by the
investigator to ensure, the petitioner does not
avail rigours of fetters, the petitioner enjoyed
hospitalization at Civil Hospital, Parbhani, under
pretext of ill health. Mr Jadhavar says, the said
ill health was mocking to the situation and
system.

¶23

5.I do not wish to advert to what Mr.
Jadhavar has alleged about the investigator. Even
if it is said during the course of arguments, that
the petitioner has flouted the orders of entry in
Parbhani however, record primarily does not
support the canvass projected by Mr. Jadhavar.

¶24

6.Mr. Jadhavar says, by pointing to
statement of one Mr.Kurundkar and two more
statements of the Bank employees that the decision
to make payment for illegal insurance was
predominantly of the petitioner, by-passing all

¶25

3 CR.APLN.NO.2369/2013

¶26

the procedural aspects.

¶27

Mr.Jadhavar has also expressed concern about
capacity of the petitioner to influence the Bank
employees, and to indulge into misappropriation.

¶28

7.At this stage of the matter, when
basically, bail application of the applicant has
been decided by the learned Additional Sessions
Judge on 5th March, 2012, and thereafter this
Court has also dealt with concerning relaxation of
conditions on 23rd April, 2012, I do not think to
revisit and to revert to submissions of Mr.
Jadhavar. This is more so, final report is
already tendered. Influence, clout which the
petitioner allegedly has cannot be expected to
create an influence to the mindset of the
employees.

¶29

8.The curtailment of rights of the
petitioner, either for entering the city of
Parbhani or attending meetings of the Parbhani
District Central Cooperative Bank, (for short,
"P.D.C.C.Bank') Parbhani, will be eclipsing his
basic rights which may amount to losing his
position as a Director or Chairman of the said
Bank due to inhibition slapped by the Court. Such
restraint should not be continued in perpetuity as
circumstances are oscillating and changing.

¶30

It is well settled, while granting bail, the
Court has to keep in mind nature of accusations,
the nature of evidences in support thereof,

¶31

4 CR.APLN.NO.2369/2013

¶32

severity of the punishment,which conviction will
entail, however, Court can also equally consider
change in the situation and circumstances after
bail.

¶33

9.The prohibition to the entry in city of
Parbhani needs to be recalled. Consequently, the
condition imposed by this Court in Criminal
application No.1535/2012 in paragraph no.24 is
recalled. The petitioner is permitted to enter
even Parbhani city.

¶34

10.The condition No.4 imposed by the learned
Additional Sessions Judge, Parbhani, in Criminal
Application No.81/2012, which reads as under, is
terminated.

¶35

"4.The petitioner should not directly or
indirectly take part in any activity of the
P.D.C.C. Bank, which will amount in taking
even remote participation of any kind in the
administration of P.D.C.C. Bank. "

¶36

The petitioner is permitted to participate in the
activities of P.D.C.C.Bank within the framework of
law.

¶37

11.The relaxation shall be reviewed, altered
and even terminated if instances are quoted in
future by original complainant of influencing
Bank employees or indulging into misappropriation

¶38

5 CR.APLN.NO.2369/2013

¶39

or illegality of any sort in the affairs of
P.D.C.C. Bank at Parbhani.

¶40

Criminal Application No.2369/2013, allowed to

¶41

the above extent.

¶42

 (K.U.CHANDIWAL)

¶43

JUDGE

¶44

agp/2369-13crapl

Ramprasad Wamanrao Kadam (Bordikar) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramprasad Wamanrao Kadam (Bordikar) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Vinod Roopsing Kadam Vs the State of Maharashtra and Another

Manisha Ashok Shinde Vs Vinod Roopsing Kadam and Another

Rahul Rajaram Shelke Vs the State of Maharashtra and Another

Roshan Kisan Avsarmal and Another Vs the State of Maharashtra

Santosh Balabhau Bajade Vs the State of Maharashtra

Jawaharlal Motilal Gandhi Vs Ghanshyam Ramchandra Varma