Allowed

Bhausaheb Kerba Kashid v. the State of Maharashtra

Bombay HC2 Nov 2023ABA/1452/2023

Case brief

AI extract

What is this about?

This single judge order allowed three anticipatory bail applications filed by individuals named in an FIR regarding a financial fraud case involving cheating and criminal conspiracy. The court held that there was no specific material to connect the applicants to the alleged acts of instigation or receipt of money, noting they were merely shareholders without control over the company's daily functi

What did the court decide?

Anticipatory bail applications allowed; released on bail on furnishing PR bond of Rs. 15,000 with one surety each.

Bhausaheb Kerba Kashid Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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943-ABA-1544-2023+.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1452 OF 2023

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BHAUSAHEB KERBA KASHID

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VERSUS

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THE STATE OF MAHARASHTRA

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WITH

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ANTICIPATORY BAIL APPLICATION NO. 1492 OF 2023

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SUCHETA ATMARAM GUNJAL

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VERSUS

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THE STATE OF MAHARASHTRA

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WITH

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ANTICIPATORY BAIL APPLICATION NO. 1813 OF 2023

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ANKUSH MOTIRAM GITE

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VERSUS

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THE STATE OF MAHARASHTRA

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...

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Advocate for Applicants : Mr. V. B. Jagtap in
ABA/1452/2023, Mr. S. S. Jadhav in ABA/1492/2023, Mr.
G. R. Syed in ABA/1813/2023

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APP for Respondents: Mr. S. W. Munde
Advocate for informant: Mr. S. S. Thombre

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...

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CORAM:R.M. JOSHI, J
DATE:NOVEMBER 02, 2023

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COMMON ORDER :

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1.These Applicants are apprehending arrest in

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connection with Crime No. 391 of 2023 registered with

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Georai Police Station, Dist. Beed for the offences

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punishable under Sections 406, 409, 420 and 120-B of

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Indian Penal Code and Sections 3 and 4 of MPID Act.

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Page 1 of 7

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2.Mahesh Makal reported to the police that he
has acquaintance with Dr. Vasant Dabhade and in April,
2019 he told to the informant that he has acquaintance
with Ajit Kale, Chiarman of Shrimant Yogi Urban Nidhi
Ltd, Georai and that he is influential person. It was
further told to him that there are vacancies in the
Health Department and that he will provide a job for
the wife of the informant. For that sake, a sum of Rs.
18 lacs was told to have been given to Ajit Kale. It is
further contention of the informant that Dabhade
introduced him to Ajit Kale and he also assured the job
for the wife of the informant. According to informant,
amounts were paid in cash and total sum of Rs. 13 lacs
was paid to Dabhade and Kale. In spite of the same, no
job was provided and excuses were given citing Covid 19
pandemic. Later on, it was revealed to the informant
that he along with others are cheated in the same
manner.

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3.Learned Counsels for Applicants in

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ABA/1452/2023 & 1492/2023 submits that the Applicants

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though are named in the FIR, there are no specific
allegations against them that they have assured the job

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Page 2 of 7

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against payment of money. It is submitted that on the
basis of sweeping statement made in the FIR, they
apprehend arrest. It is their contention that they are
not the Directors of the Company and that they are only
shareholders having no right or control over the day to
day activities of the company. It is submitted that
allegations in respect of receipt of money against
assurance providing of job does not get attracted
against them. It is also sought to be argued that this
is not the case wherein there is any misappropriation
of founds as related to the banking transactions of the
company. According to them, nothing is to be recovered
at their instance and hence, they are entitled for
anticipatory bail.

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4.Learned Counsel for the Applicant in

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ABA/1813/2023 submits that though Applicant is named in
the FIR, he is not the Director of the company. It is
submitted that first informant does not claim that the
Applicant had instigated or assured him for making
payment of money to Ajit Kale for providing job to his
wife. He also, therefore, claims that this is not the
case of custodial interrogation.

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Page 3 of 7

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5. Learned APP and learned Counsel for the

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informant opposed the applications contending that the
arguments of the Applicants in ABA/1452/2023 &
1492/2023 to the effect that that they are not the
Directors of the Company is false from the material
evidence on record collected during the course of
investigation. They drew attention of the Court to the
resolutions singed by these persons for authorizing
Ajit Kale and others to operate bank account.
Similarly, subsequent resolutions are also passed for
change of the said authority. They also placed reliance
on the statements of witnesses who claims that they
made grievance against non providing of job and non
return of money in the meeting wherein all the accused
persons including these Applicants have assured
repayment which indicates their involvement in the
crime. On these grounds, it is submitted that the since
this is economic offence, this is not a fit case to
grant anticipatory bail.

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6.In response to the submissions that Applicants
beingtheDirectors,documentisplacedonrecordthat they
are the shareholders to the extent of 10% and that they

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Page 4 of 7

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have no right to participate in the day to day
activities and functioning of the Company. Learned APP
from the investigation papers was not able to point out
anything contrary thereto.

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7.First information report clearly shows that

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the informant was instigated by the co-accused for
repayment of huge amount against the assurance of
providing Government job to his wife. As far as present
Applicants are concerned, there is no allegation
against them that they either instigated or contacted
the informant in any manner whatsoever for this purpose
or there is a statement that any money was paid to
them. Though there is substance in the contention of
learned APP that except one, other Applicants are
Directors of the Company, however, document placed on
record by them clearly shows that they had no right of
whatsoever nature to participate in the day to day
activities of the Company. Thus, in absence of any
evidence collected during the course of investigation
to indicate that they were participating so, it cannot
be held that they are responsible for the alleged acts
of the co-accused. Apart from this, there is absolutely

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Page 5 of 7

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nothing on record to show that they received any
benefit from the said crime.

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8.As far as Applicant in ABA/1813/2023 is

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concerned, his involvement in the crime is sought on
the basis of statements of two witnesses who claims
that he had introduced them to Ajit Kale. The said
incident is claimed to have occurred in the year 2020
whereas the statements are recorded for the first time
in 2023. In these statements even these witnesses do
not claim of any money being paid to this Applicant.
Thus, except for these statements, there no material on
record to connect this Applicant with the crime in
question. In any event, nothing is to be recovered at
his instance.

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9.Considering the facts and circumstances of the

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case and having regard to the investigation carried out
till date, this Court is of prima facie view that there
is no material to connect present Applicants with the

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crime. There is no reason or justification for
custodial interrogation. Nothing is to be recorded at
their instance. There are not criminal antecedents
against them.

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Page 6 of 7

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10. In view of above, applications are allowed.

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Hence, order:

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O R D E R

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(i) Anticipatory Bail Application Nos. 1452/2023 is allowed by confirming interim order dated 29^th August, 2023.

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(ii) Anticipatory Bail Applications Nos. 1492/2023 & 1813/2023 are allowed.

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(iii)In the event of arrest of the Applicants in ABA/1492/2023 & ABA/1813/2023 in connection with Crime No. 391 of 2023 registered with Georai Police Station, Dist. Beed for the offences punishable under Sections 406, 409, 420 and 120-B of Indian Penal Code and Sections 3 and 4 of MPID Act, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) each with one surety in the like amount.

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(iii)They shall attend the concerned police station as and when required.

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(iv) They shall not contact the witnesses directly or indirectly.

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(v) They shall not interfere with the evidence in any manner whatsoever.

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(vi) They are further directed to cooperate the investigating agency for further investigation.

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 (R. M. JOSHI, J.)

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Malani

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Bhausaheb Kerba Kashid v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Bhausaheb Kerba Kashid v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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