Allowed

Vishwas Gulabrao Tapkir v. State of Maharashtra

Bombay HC22 Feb 2024ABA/304/2024

Case brief

AI extract

What is this about?

Anticipatory bail applications in a co-operative society fraud case (CR No. 521/2023). Applicants had cooperated with investigation; the Investigating Officer did not seek custody. Interim bail orders were made absolute on existing terms and conditions.

What did the court decide?

Interim bail orders dated 18 January 2024 and 6 February 2024 made absolute on terms and conditions therein; IA No. 224 of 2024 disposed.

Vishwas Gulabrao Tapkir Vs State of Maharashtra — Cooperative Societies | Bombay HC (2024)

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7-ABA-304-24 SPM.DOC

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Sayali Upasani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 304 OF 2024

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Vishwas Gulabrao Tapkir ...Applicant

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Vs.

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State of Maharashtra ...Respondent

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WITH

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ANTICIPATORY BAIL APPLICATION NO. 95 OF 2024

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Devidas Sopan Bhosale and Others ...Applicants

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Vs.

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State of Maharashtra ...Respondent

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WITH

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INTERIM APPLICATION NO. 224 OF 2024

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Mr. Mukesh Gupta, for Applicant in ABA/304/2024.

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Mr. Tapan thatte with Mr. Arvind Aswani, for Applicant in ABA/95/2024.

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Mr. Dheeraj Panchang with Mr. A. Pange i/b Mr. Vivek Kyadal, for Intervener/Applicant- in IA No. 224 of 2024.

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Mrs. G. P. Mulekar, APP for State- Respondent No. 1.

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Mr. A. D. Jadhav, HC, Dighi Police Station, Present.

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CORAM:- N. J. JAMADAR, J.

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DATED:- 22^nd FEBRUARY, 2024. 1/4

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The order corrected as per order dated 12^th March, 2024.

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7-ABA-304-24 SPM.DOC

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PC:-

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1. Heard the learned Counsel for the parties.

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These applications are preferred for pre-arrest bail in connection with CR No. 521 of 2023, registered with Dighi Police Station, Pimpri- Chinchwad, for the offences punishable under Sections 406, 420, 408 and 409 read with Section 34 of the Indian Penal Code, 1860.

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When the ABA No. 95 of 2024 was listed before this Court on 18^th January, 2024, this Court was persuaded to grant ad-

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interim relief observing, inter alia , as under:-

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“... 4. Learned Counsel for the Applicants invited the attention of the Court to the audit report, which according to him, squarely fixes responsibility on the co-accused – employees.

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Learned APP and the learned Counsel for the Depositors - Interveners, resisted the application for pre-arrest bail. It was submitted that the employees could not have committed fraud without the knowledge and connivance of the office bearers of the society.

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Prima facie, the audit report indicts coaccused-employees with specific role in the alleged fraud. The applicants are professed to be held vicariously liable for the alleged dereliction of duties and inaction. Prima facie, it appears that the applicants are not the beneficiaries of the alleged fraud…”

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1. The learned Counsel for the applicants submitted that pursuant to the order granting ad-interim relief, the applicants

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2/4

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The order corrected as per order dated 12^th March, 2024.

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7-ABA-304-24 SPM.DOC

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had appeared before the Investigating Officer and co-operated with the investigation.

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The learned APP, on instructions of the Investigating Officer, submitted that the applicants did appear in terms of the aforesaid order and have also produced all the documents which the Investigating Officer had called upon the applicants to produce. The investigating officer does not require further custodial interrogation of the applicants.

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In view of the aforesaid statement and the fact that in the audit report, which is the basis of the FIR, specific role of defalcation has been attributed to the co-accused -the employees of the co-operative society, and that the applicants have cooperated with the investigation and the Investigating Officer does not require the custody of the applicants, I am inclined to make the orders of interim bail absolute.

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1. Hence, the following order.

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ORDER

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I) The orders of Interim Bail dated 18^th January, 2024 in ABA No. 95 of 2024 and 6^th February, 2024 in ABA No.

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3/4

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The order corrected as per order dated 12^th March, 2024.

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7-ABA-304-24 SPM.DOC

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304 of 2024 are made absolute on the terms and conditions incorporated therein.

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II) The applicants shall appear before the Investigating as and when directed by the Investigating Officer

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III) The applicants shall regularly attend the proceedings before the jurisdictional Court.

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IV) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of entitlement for pre-arrest bail and they may not be construed as an expression of opinion

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on the guilt or otherwise of the applicants and the trial court shall not be influenced by any of the observations made hereinabove.

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V) In view of the disposal of the Bail Applications, the Interim Application also stands disposed.

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[N. J. JAMADAR, J.]

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4/4

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The order corrected as per order dated 12^th March, 2024.

Vishwas Gulabrao Tapkir v. State of Maharashtra

Case brief

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Vishwas Gulabrao Tapkir v. State of Maharashtra

Case brief

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