Exh.

IN THE COURT OF THE SPECIAL JUDGE
(UNDER PREVENTION OF CORRUPTION ACT)
FOR GREATER BOMBAY AT BOMBAY.
BAIL APPLICATION NO.39 OF 2015
(IN REMAND APPLICATION NO.37 OF 2015)
1.Smt.Nakusa Govind Kadam
Applicants/
2.Smt.Laxmi Mahadev Lokhande
…Accused Nos.4 & 5
Vs.
The State of Maharashtra (State CID)
(at the instance of Dahisar police station)
…Respondent
Appearances :н
Ld.Adv. Sanjeev Kadam for the applicants.
Ld.A.P.P. J.V.Desai for the State.
CORAM :
DATED :
H.H.THE SPECIAL JUDGE
SHRI R.M.PANDE
(C.R.NO.45)
30th July,2015
ORDER
(Dictated in open Court)
By this application the applicant Nos.1 and 2, who are the accused
nos.4 and 5, have prayed for bail u/S 437 of Cr PC. The applicants are the
accused nos.4 and 5 in the crime bearing No.336 of 2015 registered at
Dahisar police station for the offence punishable u/S 406,408,409,420,
465,469,468,471,384,120нB r/w 34 of IPC and u/S 7,13(1)(c) of the
Prevention of Corruption Act,1988. The applicants/accused came to be
arrested initially on 21.7.2015 and they were remanded to PC from time to
time till 29.7.2015. At present as per order on the remand application
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in RA No.37/15
bearing No.37 of 2015 the applicants/ accused are taken in JC. Thereafter,
applicants have filed the present bail application.
2.

The brief facts giving rise to file FIR, on the basis of which crime
bearing No.336 of 2015 is registered at Dahisar police station, are as
follows,
One Dr.Sudhakar Bhalerao, Member of Legislative Assembly, has
asked a Legislative Assembly Question (LPQ) in the Assembly Sessions in
the month of December,2014.

The same came for discussion in the
Assembly on 12.12.2014. The said question was with reference to the
misappropriation/corruption of funds of Sahityaratna Lokshahir Annabhau
Sathe Vikas Mahamandal (herein after referred as Уthe CorporationФ).
During the course of discussion as per assurance given by the government,
State CID has received directions for taking inquiry into the matter of the
Corporation. As per these directions CID carried inquiry into the matter.
3.

During the course of inquiry it was found that accused no.1 Ramesh
Kadam, was the Chairman of the said Corporation for the period from
13.8.2012 to 12.12.2014.

During that period the accused no.2 was
working as the Managing Director in the corporation. The applicants are
the relative of accused no.1. In the inquiry it was found that, accused and
other employees of the Corporation with collusion with each other have
misappropriated the funds of the Corporation to the tune of Rs.147 crores.
Several false bills were prepared and shown it to be genuine and like this
they have misappropriated the funds of the Corporation. It was further
found that, the above said officials under coercion and threats have
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in RA No.37/15
grabbed the amount of Dearness Allowance of the Officers and employees
of the Corporation. During the course of inquiry several instances were
noticed regarding which the amount of the Corporation in the tune of
Rs.147 crores was misappropriated. In the course of inquiry primaнfaie it
was found that applicants are also involved in the said misappropriated
amount of the Corporation.

As said crime bearing No.336 of 2015,
wherein applicants are shown to be accused, came to be registered at
Dahisar police station and the investigation of the crime was carried.
4.

As said earlier during the course of investigation the applicants/
accused came to be arrested and were remanded to police custody from
time to time and finally as per order dt.29.7.2015 in remand application
No.37 of 2015 they were taken in JC.
5.

It is contended that, the entire allegations in this case are against the
accused no.1 Ramesh Kadam, in his capacity as a public servant. It is
contended that, applicants are not the public servants and further they
have not played any role in the government company i.e in the
Corporation. It is contended that, applicants are cousins of accused no.1
Ramesh Kadam. They are the Chairman and Secretary, respectively, of
Mahalaxmi Dudh Utpadaka Sanstha, Khandali, Tal.Mohol, Solapur and the
funds were transferred from the said corporation to the account of the said
society/sanstha.
6.

It is further contended that, allegations are such that, accused
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in RA No.37/15
Ramesh Kadam has obtained signature of the applicants on cheques and
transferred major part of the said amount in the account of M/s. Komral
Realty Pvt.Ltd. It is contended that in view of these allegations it is clear
that, there is no role of the present applicants and in fact they have no
knowledge about the transaction. After transferring the major amount in
the account of M/s. Komral Realty Pvt.Ltd, the applicants have not used
the remaining amount in the account, which shows that, applicants are not
involved in the commission of offence.
7.

It is contended that, no purpose would be served by keeping the
applicants behind the bars. The applicants are permanent resident at the
address given in the applicant and same has been confirmed by the
Investigating Officer.

It is contended that, there are no chances that
accused may flee from justice. It is contended that, accused are ready to
abide by the conditions, if any imposed while releasing them on bail. It is
contended that, applicants are women and in view of this also the
applicants are entitled for bail. On these grounds applicants have prayed
for bail.
8.

On this application, I have called for the say of the Investigating
Officer and the learned A.P.P. Learned A.P.P submitted say. It has been
submitted that, there is specific role played by the accused in the crime.
According to the learned A.P.P applicants/accused have prepared bogus
documents with the help of main accused and produced the same in the
bank for opening the bank account in the name of Mahalaxmi Dudh
Utpadaka Sanstha, of which applicants have shown themselves to be the
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Chairman and Secretary.

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in RA No.37/15
Huge amount has been transferred in the
account of this Sanstha. All these acts would go to show that applicants
are involved in the rime. Therefore, according to him, it cannot be said
that the applicants have no role played in the transaction. Apart from this
it is submitted that, investigation is at initial stage and if applicants are
released on bail then they may create hurdle in the investigation. It is
contended that, there is every possibility that accused may flee from justice
and tamper with the evidence of the prosecution.

On these grounds,
learned A.P.P submitted that, application is liable to be rejected.
9.

It is submitted by the learned advocate for the accused that, accused
have no knowledge about the transaction. According to him the applicants
are illiterate and having rural background and in fact has no role to play
and further no knowledge about the entire transaction. In fact they are
innocent and therefore, entitled for bail.
10.

On the other hand learned A.P.P submitted that, offence is of serious
in nature and investigation is at too initial stage. It is contended that, in
view of these the possibility that applicants/accused may interfere with the
investigation cannot be ruled out and therefore, he prayed that application
is liable to be rejected.
11.

Heard both the sides.

12.

Perused the FIR and remand report, under which the accused were
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produced and were remanded to PC and finally to JC. A perusal of remand
report it is clear that all the main allegations are against the accused no.1
only. The role played by the present applicants as appeared in the FIR is
such that, applicants are Chairman and Secretary of
Mahalaxmi Dudh
Utpadaka Sanstha. Regarding this also mention in FIR is such that, the
accused no.1 has shown his cousin sisters i.e the present applicants, as
Chairman and Secretary of said Mahalaxmi Dudh Utpadaka Sanstha and
has prepared bogus resolution and has submitted the same in the bank and
has open the account. In view of these contentions in the FIR it appears
that, it was the accused no.1, who has used the present applicants for
opening the bank account in the name of
Mahalaxmi Dudh Utpadaka
Sanstha. These are the only allegations against the applicants in FIR, fro
which it does not appear that the applicant/accused have played any role
in the entire transaction. I have gone through the remand reports, under
which the applicants/accused were produced before this Court. From this
remand report also it does not appear that applicants/accused were having
knowledge of the transaction. Apart from this, for the investigation with
the present applicants sufficient PC was granted, but nothing substantive
against
the
applicants/accused
had
transpired
in
their
custodial
interrogation.
13.

The applicants are women and of 30 years and 45 years old and they
have their permanent residence at Tanaji Vasahat, Parvati, Dhankawadi,
Pune and at Dattanagar, Khandali, TalнMohol, Dist.Solapur respectively. It
is submitted that, both the applicants are illiterate. It does not appear that
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in RA No.37/15
accused may interfere with the investigation and may tamper with the
evidence of the prosecution, as apprehended. Further, this apprehension
of the prosecution can be taken care of by imposing proper conditions on
the applicants. But at present the custody of the applicants behind bars
does not appear to be necessary. Further, it does not appear that accused
would flee from justice or abscond, if released on bail.
14.

Apart from above, I do not find that, role played by the
applicants/accused in the entire transaction is such that, bail can be
refused to them. On the other hand considering the facts that applicants
are women having permanent residence and ready to coнoperate with the
investigation and further that, their presence behind bars is not necessary, I
find that, applicants/accused can be released on bail.

However,
considering the nature of offence and the fact that investigation is at too
initial stage, I find that it would be proper to impose certain conditions on
the applicants/accused while releasing them on bail. In view of the above,
I pass the following order :н
ORDER
1.

Accused/applicants Smt.Nakusa Govind Kadam and Smt.Laxmi
Mahadev Lokhande be released on bail on execution of
PR bond of Rs.50,000/н each with one or two solvent sureties
of like amount each on conditions that,
i) Applicants shall attend State CID office at Kokan Bhavan,
Belapur, Navi Mumbai twice in a week i.e on every Tuesday
and Friday between 10.00 a.m. to 1.00 p.m. for three months
from today or till charge sheet is filed, whichever is earlier.
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in RA No.37/15
ii) After three months, if charge sheet is not filed then the
applicants shall attend State CID office at Kokan Bhavan,
Belapur, Navi Mumbai as and when called.
iii) Applicants/accused shall coнoperate the investigation.
iv) Applicants/accused shall not tamper with the evidence of the
prosecution and shall not pressurize the witnesses in any way.
2.

With above directions application is disposed of accordingly.

(R.M.PANDE)
Special Judge (Under PC Act)
Gr. Bombay
Dt.:30/7/2015
Dictated on
Typed on
: 30.7.2015
: 30.7.2015
kps/
УI affirm the contends of this PDF file order are the
same, word to word, as per the original orderФ
Name of Steno with post
:н
Kishor Prakash Sherwade
Stenographer (H.Gr.)

Name of the Judge (with Court :н
No.)

Ravindra M. Pande, (C.R.No.45)
Special Judge (Under PC Act),
Gr.Bombay.

Date of pronouncement of order
:н
30.7.2015
Order signed by the P.O. on
:н
31.7.2015
Order uploaded on
:н
11.8.2015
../н