Arun Gulabrao Nalawade v. State of Maharashtra

O R D E R

(i) The 'interim protection' granted on 15th February 2023 is confirmed subject to following conditions:- 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc

(a) Applicant to take permission of the Court prior to travelling outside India.

(b) Applicant not to threaten the Prosecution witnesses or to allure them in any manner.

(c) Applicant to attend the trial Court punctually. =================================================== ANTICIPATORY BAIL APPLICATION NO.431 OF 2023 ===================================================

¶26According to learned Senior Advocate Shri.Khandeparkar, in fact, his client was also a victim in entire episode and that, he purchased the part of the land from M/s.Crystal Builders and Developers by taking finance from the Bank. In fact, his client has a sale-deed in his favour, it is the subject matter of challenge and on the other hand, still his over dues are not cleared from the consideration raised through the public auction and it was paid by the First-Informant. His client has taken utmost care prior to executing the sale-deed with M/s.Crystal Builders and Developers and along with loan proposal, his client has complied with the necessary documents including the project report and title report.

¶27According to him, he is not concerned with the loan sanctioned to Vijay Shinde and in fact, public auction was conducted due to 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc default by his client along with the default by Mr. and Mrs.Shinde, how his client can influence the sale at public auction. According to him, his client was nowhere involved in convincing the First-Informant which took place at Aurangabad. It is the decision of the First-Informant to purchase in the first auction and agreed to accept the second bid at Aurangabad. His submissions are already recorded in the earlier orders. Necessary documents are annexed on Page No.160 to Page No.180. (ABA No.431 of 2023).

¶28Whereas, according to Mr.Patil, when Arun Nalavade executed a sale-deed with M/s.Crystal Builders and Developers (of which, the relatives of the Directors were partners) Arun Nalavade has definitely joined hands with the Directors. Here also, I am inclined to confirm the 'interim protection'. Ultimately, it is for the Investigating Agency to make out a case of custodial interrogation and that too, for the purpose of collecting the materials. The allegations about involvement of the Applicant has to be supported along with the materials collected during investigation. No doubt, filing of charge-sheet suggests that there are materials to submit a charge-sheet. However, the issue before the Court is about necessity of custodial interrogation. If, the purpose of investigation to collect the materials is satisfied, there is no point in 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc vacating the 'interim protection' just because the allegations are serious. So, I am inclined to confirm the 'interim protection'.

¶29Hence, order:- O R D E R

(i) The 'interim protection' granted on 15th February 2023 is confirmed subject to following conditions:-

(a) Applicant to take permission of the Court prior to traveling outside India.

(b) Applicant not to threaten the Prosecution witnesses or to allure them in any manner.

(c) Applicant to attend the trial Court punctually.

¶30These are my prima facie observations. =================================================== ANTICIPATORY BAIL APPLICATION NO.557 OF 2023 AND ANTICIPATORY BAIL APPLICATION NO.561 OF 2023 ===================================================

¶31I have heard learned Advocate Shri.Vishal Ghosalkar and afterwards, learned Senior Advocate Shri.Vishwajeet Sawant for these Applicants. The Applicant Hanmant is the Branch Manager of Sakinaka Branch of the Sahebrao Deshmukh Bank, whereas, the Applicant Sadhana is the Branch Manager, Satara branch of the said 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc Bank.

¶32The Applicant Sadhana was instrumental in sanctioning the loan for the purpose of purchase of Plot No.9 by Co-accused Arun Nalavade from M/s.Crystal Builders and Developers. The allegation is, though the Applicant Sadhana was very much aware that M/s.Crystal Builders and Developers were not owners, she sanctioned the loan to Arun Nalavade and there is one of the subject in the entire episode which has further created a situation for the sale of that land by way of public auction due to default by borrower Arun Nalavade. If this transaction had not taken place, further public auction and acceptance of bid by the First-Informant would not have been taken place.

¶33Whereas, her contention is, she has performed her duties as per the rules and only when documents were fulfilled by the borrower Arun Nalavade.

¶34Whereas, the allegations against the Applicant Hanmant being Branch Manager of Sakinaka branch is about full knowledge about sale of the lands by Vijay Shinde to M/s.Crystal Builders and Developers. (Partnership Firm forming few of the relatives of the Directors as Partners). The land as per the sale-deed was kept as a collateral security 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc by the Accused Vijay Shinde and inspite of that, the Bank consisting of present Applicant as one of the officials was instrumental in execution of sale-deed.

¶35Furthermore, this Applicant was also instrumental in execution of sale-deed in between M/s.Crystal Builders and Developers and Arun Nalavade. The said Arun Nalavade obtained loan. This Applicant Hanmant was one of the persons who went to Aurangabad along with the then Chairman Shri.Deshmukh for convincing the First-Informant to accept the bid.

¶36Whereas, contention of Applicant Hanmant is otherwise. He claims protection of those decisions being taken while fulfilling the responsibilities carefully and within four corners of law. His contention is, the allegations are denied and otherwise also, according to him, there is nothing wrong in asking one of the participants to accept the bid and it is for the purpose of protection of the interest of the Bank.

¶37The decisions taken by both these Applicants is part of record. However, as said above, it is for the Investigating Agency to point out participation of all these Applicants over and above the fulfillment of their duties and that too, in connivance of the Directors. At the time of both the sale-deeds, the First-Informant was never in picture. There 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc was a transaction in between the vendors and the purchasers and Bank officials for the purpose of sanction of loan. No doubt, the Bank has filed a Suit for cancellation of these sale-deeds, it is the subject matter of civil litigation. The concerned parties will plead their case. This is not the stage to opine that it is a civil dispute. The only consideration is about custodial interrogation of these Applicants. The purpose of investigation is already fulfilled. Otherwise, because the charge-sheet is filed. Hence, I find no reason to vacate the 'interim protection'.

¶38Hence, order:- O R D E R

(i) The 'interim protection' granted on 23rd February 2023 is confirmed subject to following conditions:-

(a) Applicants to take permission of the Court prior to travelling outside the India.

(b) Applicants not to threaten the Prosecution witnesses or to allure them in any manner.

(c) Applicants to attend the trial Court punctually.

¶39These are my prima facie observations. =================================================== ANTICIPATORY BAIL APPLICATION NO.562 OF 2023 =================================================== 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc

¶40No doubt, the present Applicant is the Special Recovery Officer from the Department of Co-operation. His role comes into picture when the recovery certificate is issued in favour of the Bank and when the money is not paid as certified by the necessary Authorities. Then the question of putting the property to auction for recovery of the money arises. Being part of his duty, he is bound to take all steps for recovery of dues and one of the modes is sealing the mortgaged property. About submission of the bids and for what amount and who should submit the bid is outside his prerogative. Once the public notice is issued, he is bound to complete the procedure of opening the bids and accepting the bids of highest bidder. If the First-Informant has submitted highest bid, it is his choice and for first bid, no one has persuaded him as per his own case. Whereas, for second bid, he was requested by the Chairman. He was not one of the persons who had gone to Aurangabad. The First-Informant claims that at Aurangabad, he was shown a letter signed by this Applicant recording that the cheque issued towards the EMD by the successful bidder was dishonoured. Ultimately, whether to accept that request or not is a choice of the First-Informant.

¶41The contention is, the defaulter Vijay Shinde was allowed to 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc participate in that bid and that is against the rules. This Court is supposed to give only those observations which are necessary for deciding the Anticipatory Bail Application. The consideration is about necessity of custodial interrogation. I do not think that his custodial interrogation is required considering the fact that the charge-sheet is filed. Everything is a matter of record and the documents. So, I am inclined to confirm it. Hence, order:- O R D E R

(i) The 'interim protection' granted on 23rd February 2023 is confirmed subject to following conditions:-

(a) Applicant to take permission of the Court prior to travelling outside India.

(b) Applicant not to threaten the Prosecution witnesses or to allure them in any manner.

(c) Applicant to attend the trial Court punctually.

¶42These are my prima facie observations. =================================================== ANTICIPATORY BAIL APPLICATION NO. 430 OF 2023 AND ANTICIPATORY BAIL APPLICATION NO.463 OF 2023 =================================================== 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc

¶43The Applicant – Sahebrao is a legal Advisor who has issued a search report on the instructions of Co-accused Arun Nalavade. It is for the purpose of certifying the title for submitting the proposal to the said Bank for availing loan. It is on Page No.66 of his Application. He claims, he has certified the title on the basis of documents. It is referred in Para No.2 of his certificate. He claims, the said act in performance of professional duty.

¶44Whereas, the contention of the First-Informant is, proper search was not taken and the Applicant has not fulfilled his responsibilities and has not verified whether M/s.Crystal Builders and Developers is having title over the said land. The certificate is dated 10th March 2014. Whereas, the sale-deed in between M/s.Crystal Builders and Developers and Co-accused Arun Nalavade is dated 25th March 2014.

¶45The contention of the First-Informant is how he can issue the certificate earlier to the execution of sale-deed. The contention is, even he has joined in conspiracy with Bank officials and the purchasers.

¶46Whereas, the contention of Mr.Rajeshwar through learned Senior Advocate Shri.Manoj Mohite and Mr.Gaikwad, he is a Chartered Accountant and on the instructions of his client – Arun Nalavade, he had given the project report. The project report is on Page No.14 of his 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc Application. The costing of the project is on Page No.17 and valuation of the land is on Page No.18.

¶47According to the contention of the First-Informant, the valuation is not correct and due to his project report, the Bank has sanctioned the loan which was not justified. I am not accepting the contention on behalf of the First-Informant. Submitting a loan proposal is the responsibility of the borrower and accepting the proposal is the prerogative of the Bank officials. The contention about the incorrect valuation can be accepted only when there are supporting materials collected during the investigation. Then only the allegation of conspiracy can be considered. It is absent. When the charge-sheet is filed, always the course of action is to confirm the 'interim protection'. In view of that, both Applications are allowed. Hence, following order is passed:- O R D E R

(i) The 'interim protection' granted on 15th February 2023 is confirmed subject to following conditions:-

(a) Applicants to take permission of the Court prior to travelling outside India.

(b) Applicants not to threaten the Prosecution witnesses or to allure them in any manner. 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc

(c) Applicants to attend the trial Court punctually.

¶48These are my prima facie observations. =================================================== ANTICIPATORY BAIL APPLICATION NO. 777 OF 2023 ===================================================

¶49Learned Senior Advocate Shri.Mundargi argued that the Applicants are the Partners in the Partnership Firm M/s.Crystal Builders and Developers. According to him, the First-Informant is a borrower and the Bank has taken legal steps. They became the partners. According to him, the Firm M/s.Crystal Builders and Developers have purchased part of the land from Vijay Shinde and sold the land to Arun Nalavade. According to him, at both the relevant time, the Partnership Firm was having perfect title. At the time of those sale-deeds, the First-Informant was never in question and his clients were never involved in the auction process. Because, auction was conducted due to default committed by Mr. and Ms.Shinde and Arun Nalavade. Merely because his clients are the relatives of the Directors of the Bank, they cannot be held responsible for the acts not done by them. He prayed for allowing the Application as the charge-sheet is filed. The First-Informant compelled their husbands to execute an 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc agreement assuring to repay the amount and the dispute is a civil dispute.

¶50Whereas, as per Mr.Patil, the Directors of the Bank have included their wives in the Partnership Firm and they were instrumental for selling the property to the Firm. Even, they were knowing that it is mortgaged to the Bank. According to him, that is why, further sale-deed and public auction wherein his client was compelled to bid and invest crores of rupees.

¶51Ultimately, the formation of this Partnership Firm was the outcome of conspiracy needs to be substantiated by the materials. Even if there are materials along with the charge-sheet, now their custodial interrogation is not required. Hence, order:- O R D E R

(i) In case of arrest in connection with C.R. No. 70 of 2023 registered with Satara City Police Station for the offences punishable under Sections 406, 468, 467, 471, 420, 120-B read with 34 of IPC, the Applicant viz., (i) Swati Bhanudas Kanase and (ii) Sunita Prakash Junghare be released on bail on furnishing personal bond and surety bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each.

(ii) Applicants to take permission of the Court prior to 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc travelling outside India.

(iii) Applicants not to threaten the Prosecution witnesses or to allure them in any manner.

(iv) Applicants to attend the trial Court punctually.

¶52These are my prima facie observations. ===================================================

¶53In view of the above, all the Anticipatory Bail Applications are disposed of.

¶54Interim Application No.755 of 2023 is disposed of.

¶55Pending Interim Applications, if any, also stand disposed of.

[S. M. MODAK, J.] ===================================================

1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.412 OF 2023 Bipin Shashikant Kudtarkar Age : 51 Years, Occu. : Business, R/o. : Zion "B" Wing, Ajmera Lands Near Imax Cinema Bhakti Park, ...Applicant Wadala (East), Mumbai – 37. (Original Accused No.2) Versus 1. The State of Maharashtra Through Police Inspector Satara City Police Station District : Satara. ...Respondent No.1 2. Sanjay Chandrakant More Age : 63 Years, Occu. : Business, R/o. : Plot No. C-3, N1, ...Respondent No.2 Town Centre, Aurangabad. (Original Complainant) ALONG WITH ANTICIPATORY BAIL APPLICATION NO.557 OF 2023 Hanmant Narayan Bodake Age : 50 Years, Occu. : Service, Manager, Rajwada Branch Satara The Sahebrao Deshmukh Co-operative ...Applicant Bank Ltd., Satara. (Original Accused No.5) Versus 1. The State of Maharashtra Through Police Inspector Satara City Police Station District : Satara. ...Respondent No.1 SATISH RAMCHANDRA SANGAR Date: 2024.05.09 12:12:31 +0530 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc 2. Sanjay Chandrakant More Age : 63 Years, Occu. : Business, R/o. : Plot No. C-3, N1, ...Respondent No.2 Town Centre, Aurangabad. (Original Complainant) ALONG WITH ANTICIPATORY BAIL APPLICATION NO.561 OF 2023 Sadhana Sanjay Jadhav Age : 40 Years, Occu. : Service, Manager, Rajwada Branch Satara The Sahebrao Deshmukh Co-operative ...Applicant Bank Ltd., Satara. (Original Accused No.8) Versus 1. The State of Maharashtra Through Police Inspector Satara City Police Station District : Satara. ...Respondent No.1 2. Sanjay Chandrakant More Age : 63 Years, Occu. : Business, R/o. : Plot No. C-3, N1, ...Respondent No.2 Town Centre, Aurangabad. (Original Complainant) ALONG WITH ANTICIPATORY BAIL APPLICATION NO.562 OF 2023 Arvind Vitthal Dhanawade Age : 59 Years, Occu. : Farmer, Residing at : 432, Ganesh Col, ...Applicant Near Old RTO Office, Satara. (Original Accused No.7) Versus 1. The State of Maharashtra Through Police Inspector Satara City Police Station District : Satara. ...Respondent No.1 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc 2. Sanjay Chandrakant More Age : 63 Years, Occu. : Business, R/o. : Plot No. C-3, N1, ...Respondent No.2 Town Centre, Aurangabad. (Original Complainant) ***** Mr.Vishwajeet Sawant – Senior Advocate i/b. Mr.Vishal Ghosalkar:- Advocates for Applicants. Ms.Anamika Malhotra:- APP for Respondent –State. Mr.Anoop U.Patil a/w Mr.Diptendu Bose:- Advocates for Ori.Complainant/ Respondent No.2. Mr.M.K.Abnave – PSI:- Satara City Police Station. =================================================== ANTICIPATORY BAIL APPLICATION NO.430 OF 2023 Sahebrao Dinkar Jadhav Age : 57 Years, Occu. : Advocate, R/o. : 177/12B, Saniya Apartment, ...Applicant Budhwar Peth, Satara, Dist. : Satara. (Original Accused No.9) Versus 1. The State of Maharashtra At the instance of Satara City Police Station, Dist. : Satara. (C.R. No. 70 of 2023). ...Respondent No.1 2. Sanjay Chandrakant More Age : 63 Years, Occu. : Business, R/o. : Plot No. C-3, N1, ...Respondent No.2 Town Centre, Aurangabad. (Original Complainant) ***** Mr.Dilip Bodake:– Advocate for Applicant. 1-ABA-412-2023+557-2023+561-2023+562-2023+430-2023+431-2023+463-2023+777-2023-IA-755-2023.doc Ms.Anamika Malhotra:- APP for Respondent No.1–State. Mr.Anoop U.Patil a/w Mr.Diptendu Bose:- Advocates for Ori.Complainant/ Respondent No.2. Mr.M.K.Abnave – PSI:- Satara City Police Station. =================================================== ANTICIPATORY BAIL APPLICATION NO.431 OF 2023 Arun Gulabrao Nalawade Age : 64 Years, Occu. : Farmer, R/o. : At-Post : Wadhe, ...Applicant Taluka and District : Satara. (Original Accused No.10) Versus 1. The State of Maharashtra At the instance of Satara City Police Station, Dist. : Satara. (C.R. No. 70 of 2023). ...Respondent No.1 2. S