Allowed

Kapil Vitthal Kalebere v. the State of Maharashtra

Bombay HC14 Jul 2014ABA/476/2014

Case brief

AI extract

What is this about?

This high court disposed of an anticipatory bail application filed by Kapil Kalebere, accused of cheating and forgery. The court granted pre-arrest bail with interim bail conditions upon verification that the accused had deposited the recovered amount into the court.

What did the court decide?

Anticipatory bail granted on furnishing a bail bond of Rs. 15,000 with sureties, subject to restrictions on withdrawing deposited money without court permission.

Kapil Vitthal Kalebere Vs the State of… — Contract and Commercial Disputes | Bombay HC (2014)

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6 ABA 476 OF 2014

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.476 OF 2014

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Kapil Kalebere .. Applicant. V/s. The State of Maharashtra .. Respondent.

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Mr. Prajakt M. Arjunwadkar, for the Applicant. Smt. A. A. Mane, APP for the respondent State. Mr. R.C. Rangar, PSI Kurundwad Police Station, Kolhapur.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 14^th July, 2014

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P.C.

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Application is moved for anticipatory

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bail. Complainant Vived Madhukar Shende a

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Branch Manager of a bank at Kurundwad Branch

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given report that the applicant accused who

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was working as Coordinator with the bank in

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respect of disbursement of loan to the farmers, has deceived bank for Rs.7 lacs and

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therefore, he has committed an offence punishable under Sections 463, 464, 468, 471, 420, 403 406 read with Section 34 of the

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Page No.1 of 5

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Indian Penal Code, pursuant to which F.I.R. was lodged at C.R.No.13 of 2014, at Kurundwad Police Station, Kolhapur.

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It is the case of the prosecution that

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Bank of India, Kurundwad branch has taken over

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a programme of expansion of their business. This particular programme was taken under the scheme which was launched by the Central Government for the purpose of disbursement of the loan. under this scheme, some amount was made available to the said branch. under this scheme, the State Government has made provision of particular amount for the purpose of distributing as a loan for crop and some object was allowed and a target was given to the said bank. Pursuant to the said scheme, Bank of India, Kurunwad branch was supposed to complete the target of disbursement of loan to

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100 farmers. For that purpose

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applicant./accused was appointed as a Coordinator from 5^th August, 2010. He was

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Page No.2 of 5

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6 ABA 476 OF 2014

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supposed to collect all the documents, produce

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these documents to enable the farmers to

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obtain the loan. Applicant after the appointment in the year 2010, till August, 2013 with the help of bogus 7x12 extracts,

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bogus factory slips and bogus certificates of various societies, opened 7 bogus accounts in the name of 7 farmers. The bank believed the

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applicant and accepted the document as true

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and disbursed the loan of Rs.1 lac each to all

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the 7 farmers. The said amount was subsequently withdrawn. Subsequently it was

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found that those accounts were bogus and the loan amount was not in fact received by the respective 7 farmers. Applicant has thus, wrongfully gained Rs.7 lacs and bank is cheated for the same.

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The learned counsel for the applicant

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submitted that the applicant had opened the

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accounts of the 7 farmers. He did not withdraw

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any amount from their accounts. It was argued

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Page No.3 of 5

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6 ABA 476 OF 2014

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that the co-accused Satish Magdum has sworn an affidavit and he has submitted that affidavit

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to the branch Manager of the bank and he has

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taken entire responsibility of the said

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transaction. He has also assured that he is ready to repay the entire amount and the applicant is no way concerned with the said transaction.

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The learned counsel for the applicant

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has submitted that it is not a case of the

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complainant that applicant has withdrawn the amount from the respective accounts. He

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further submitted that the complaint does not disclose that statements of those 7 persons

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have been recorded by the police. He submitted

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that the applicant accused is innocent and he

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is entitled to pre-arrest bail. It was

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further submitted that the entire amount of 7

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lacs has been deposited by the applicant in the bank and therefore, he prays for the bail. 7. The learned APP opposed the

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Page No.4 of 5

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6 ABA 476 OF 2014

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application. However, on verification confirms

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that the amounts are deposited in the bank i.e. an amount of Rs.4 lacs and Rs.3 lacs in

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the Court of J.M.F.C. Kurndwad.

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interim bail granted to applicant on 8.5.2014.

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In the event of arrest, the applicant be enlarged on bail on furnishing P.R. bond of

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Rs.15,000/- with one or two sureties in the

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like amount. The applicant shall attend the

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concerned police station as and when called by the police. The applicant accused is not allowed to withdraw the amount deposited in the bank without permission of this Court. The learned Magistrate shall deal with the

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amount as per result of the trial at the end of the trial. Application is disposed of accordingly.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.5 of 5

Kapil Vitthal Kalebere v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kapil Vitthal Kalebere v. the State of Maharashtra

Case brief

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What did the court decide?

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