Single judge rejected anticipatory bail application in bank fraud matter. Court held prior investigation was faulty and lacked custodial interrogation needed to expose real culprits, citing risk of poor persons becoming scapegoats. Application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
( 1 ) cria1957.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1957 OF 2017
Vijaykumar Ramnath Mantri & Ors.
..Applicants
Versus
The State of Maharashtra..Respondent
Mr.Anand P. Bhandari, Advocate for the applicants.
Mr.S.M. Ganachari, A.P.P. for respondent/State.
CORAM : T.V. NALAWADE,J. DATED : 04.05.2017
P.C. :-
1.This application is filed for the relief of
anticipatory bail. Both the sides are heard. Papers of
investigation were made available for perusal.
2.The submissions made and record show that in the
past on the basis of report given by the Manager of Jalna
Peoples Co-operative Bank, Crime No.17 of 2016 was
registered in Badnapur Police Station, Dist. Jalna on
28.01.2016 for the offences punishable under section 420,
406, 467, 468, 471, 120-B read with section 34 of the
Indian Penal Code. In that case along with debtors one
Gaurav Rajkumar Mantri – Gold Valuer, other Gold Valuer –
Vispute and Rajkumar Mantri – father of Gaurav were made
accused. The charge-sheet came to be filed against these
persons for the aforesaid offences along with offence
punishable under section 120-B read with section 34 of
the Indian Penal Code. After filing of the charge-sheet,
the debtors, who are made accused in C.R. No.17 of 2016
filed application under section 156(3) of Cr.P.C. in the
Court of J.M.F.C., Badnapur, bearing Misc. Criminal
Application No.166 of 2016 and in that matter order is
made for making investigation under section 156(3) of the
Cr.P.C. by the learned J.M.F.C. Present accused are
shown as accused in the said matter and they are real
brothers of Rajkumar Mantri.
3.In the report given by the Bank Manager, he had
made allegations against the Gold Valuers and the debtors
that by pledging fake gold ornaments, the debtors had
taken huge loan from the bank and for that they had
joined hands with the aforesaid two Gold Valuers. The
amounts which were shown to be given by way of loan on
gold were mentioned and that amount was more than Rs.1.62
crore. Even Rajkumar Mantri had taken such loan and
there was similar gold loan given to Pritesh – other son
of Rajkumar Mantri under many loan transactions. In view
of the nature of allegations against the debtors and the
valuers, the charge-sheet was filed only against the
debtors and the valuers.
4.In application given under section 156(3) of the
Cr.P.C., it is contention of the applicants that they are
poor persons and they were working with present
applicants as driver or labour and present applicants had
promised them to see that loan will be repaid by them and
due to that promise they had signed on some documents
like application, slip etc. It is their contention that
by using their signatures, fake gold ornaments were
pledged by these persons with the bank and loan amount
was actually lifted by them. It is their contention that
only when they received notice of the bank and when the
bank asked them to deposit the amount, they realized that
the loan was not repaid by these persons. Thus in the
application they contended that real debtors are Gaurav
Mantri, Pritesh Mantri and Rajkumar Mantri and brothers
of Rajkumar Mantri like present applicants and they have
lifted the amount, but the applicants are made
scapegoats. It is contention that the investigating
agency did not act fairly and they filed charge-sheet
only against them when real debtors were different.
5.Learned A.P.P. took this Court through the
record of enquiry made by the office of Registrar, Co-
operative Societies. The record shows that during enquiry
also the debtors - applicants in the application filed
under section 156(3)of Cr.P.C. had contended that present
applicants had given promise that they would repay the
loan even by mortgaging their house.
6.Learned Counsel for the applicants submitted
that the applicants are neither Directors in the bank and
they were not involved in any way in the fraud. There is
virtually no explanation as to why these poor persons who
were not having that much gold for pledging, are making
such allegations against present applicants. The most
striking feature of the present matter is that in C.R.
No.17 of 2016, nobody from the bank is made accused.
Unless and untill somebody from the bank had joined
hands, it was not possible to sanction such loans to poor
persons like applicants from the proceedings filed under
section 156(3) of Cr.P.C. It does not look probable
that they were having that much gold in the year 2012-13
for getting loan shown to be sanctioned.
7.The instances of taking loan in the name of poor
persons are increasing and poor persons are made
scapegoats due to approach of the investigating agency.
Such possibility is very much there in the present
matter. The papers of investigation now made available
show that many properties were purchased in the name of
Gaurav and Pritesh etc. It can be said that thorough
investigation was not made in C.R.No.17 of 2016 and
virtually no attempt was made to find out as to what
happened to the money which was shown to be paid to the
debtors. There is probability that the money did not go
to the debtors shown on record but the money had gone to
the hands of third person. This Court has no hesitation
to observe that previous investigation was not properly
made. Fortunately, the J.M.F.C. has made order to make
investigation into the allegations made against present
applicants. This Court hopes that this time the
investigation will be made fairly and real culprits will
be booked. In such cases of fraud, where poor persons
are made scapegoats, discretionary relief of anticipatory
bail cannot be given by the Courts. In such cases,
custodial interrogation is must. Only after custodial
interrogation, it can be ascertained that where the money
has gone. Surprisingly in the previous Crime No.17 of
2016, nothing is shown to be recovered and this is other
shocking feature of the previous matter. The property
made by that amount needs to be attached/seized, as it is
public money and in any form the property may be, that
needs to be attached by the investigating agency. For
that also custodial interrogation is must.
8.Learned Counsel for the applicants submitted
that there is delay in giving application under section
156(3) of Cr.P.C. On this point, it can be said that
poor persons were already under pressure of the
investigating agency as they were made accused in Crime
No.17 of 2016 and the only thing they could do in the
past was to get out of the jail. Learned Counsel for the
applicants further submitted that during investigation of
the present matter, statements of two applicants were
recorded and they have already co-operated the
investigating agency. This Court has no hesitation to
observe that unless there is custodial interrogation,
truth may not come out. Poor persons are arrested and
they are not summoned to give their statements.
Influential persons like present applicants, who are
businessmen, are given special treatment by the
( 8 ) cria1957.17
investigating agency. This possibility and the aforesaid
circumstance cannot be ignored in the present matter.
9.This Court holds that this is not fit case to
grant the relief of anticipatory bail. In the result,
the application stands rejected.
snk/2017/MAY17/ cria1957.17
2 issues framed by the court
Whether anticipatory bail can be granted in cases of alleged bank fraud where poor persons are made scapegoats.
Whether custodial interrogation is necessary to ascertain the truth in fraud allegations lacking proper investigation.
2 provisions across 2 enactments
Vijaykumar Ramnath Mantri & Ors.
The State of Maharashtra
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court