CRI. BA 55/2024
1
ORDER
MHCC020003962024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 55 OF 2024
( CNR NO.: MHCC02-000396-2024 )
SMT. GEETANJALI SANTOSH SHRIVASTAV
Age:- 41 years, Occ:- Business,
Residing at 9/B. Flat no. 1,
Aashiana CHS Ltd, Amol Nagar,
Naigoan (W), Taluka Vasai,
Dist- Palghar-401207
V/s.
The State of Maharashtra,
(At the instance of Pant Nagar
Police Station vide C.R.No.738/2022
having C.C.T.N.S. No. 873/2022)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate S. P. Ramdasi for the applicant/accused.
Ld. S. P.P. S.V. Kekanis for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 31.01.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 738 of 2022 dated 14.10.2022
CRI. BA 55/2024
2
ORDER
registered with respondent/state for the offences punishable under
Sections 419, 420, 409, 464, 465, 467, 468, 471, 120(B) of the Indian
Penal Code, 1860.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-4.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised plea grievance submissions contentions objections by it primafacie inclined the impugned crime raised by the Chief Manager of
Rajkot Nagarik Sahakari Bank Ltd against the applicant and other 31
co-accused allegedly the agents and borrowers of loan transactions of
his bank and they all by hatching criminal conspiracy grabbed
misappropriated in all bank amounts Rs. 11,94,02,000/-. It is alleged
that the borrowers, agents with the help of the then Branch Manager
Accused No. 1 Vipul Patel prepared fabricated false dubious forged
documents of LIC Policies, Aadhar Card, Pan Card and concerned
required documents. On relying it get approved sanctioned the loan
amount and then the loan amount siphoned off, routed, transferred in
their other bank accounts. It reveals till now six accused are arrested.
However, the accused Vipul Patel (Branch Manager), Mangesh Mhatre
(Borrower), Vasant Mhatre (Borrower) are enlarged on bail. However,
CRI. BA 55/2024
3
ORDER
the main accused Rani Durairaj, Rajiv Biswas and Irfan Pathan are
behind bar. The pre-arrest bail plea raised by the applicant by ABA No.
1603/2023 is pleased to rejected on 30.11.2023. Thereon, she is
arrested on 09.12.2023. Her bail plea raised before the Ld. Trial Court is
pleased to rejected on 28.12.2023. In the circumstance the applicant
come with the case that she is borrower of said bank and get availed
overdraft facility of Rs.30 Lakhs. She was not having any specific clear
dishonest malafide intention to grab misappropriate the availed loan
amount. Moreover, after availing the loan amount she has deposited
time to time the installement of loan amount with bank and till now the
amount Rs.5,61,000/- refunded by her to said bank. She has not
prepared fabricated any document in view of availing any loan amount.
In fact the Accused No.1 Vipul Patel the then Branch Manager and his
agent Rani Durairaj and Rajiv Biswas have done the alleged part of
compliance of documents for which she was not having any concern
involvement participation by any manner. She also submitted that
hereinafter she will regularly deposit the installment of loans for which
the liberty is required to her. The Ld. Trial Court has rejected her bail
plea on mere and presumptive grounds. The same are unsustainable
and unconsiderable. She also raised general grounds.
5.

The respondent/state has strongly opposed to the bail plea
of applicant by raising plea objection that the applicant is one of the
conspirator of main accused Vipul Patel, Rani Durairaj and Rajiv Biswas.
Along with them, she has with malafide dishonest intention prepared
fabricated false dubious forged documents in view of availing huge loan
amount by as overdraft facilities. Thereby, she has grabbed in all loan
amount Rs.30 lakhs. Since raising of impugned crime she was
CRI. BA 55/2024
4
ORDER
absconded. After lapse of more than one year period she detected and
arrested. Though it is shown certain amount deposited by her with
bank. However, the same is complied only with intention to rescue her
from the alleged serious in natures economic crime. The entire loan
amount Rs. 30 lakhs misappropriated, siphoned-off routed transferred
by her in other bank account. The same is yet to detected transpired
and seized. In impugned matter huge public money is involved.
Thereby, considering the very intention modus, style and manner to
commit the crime and grabbed the huge public money she does not
deserve to have the liberty. They also raised general objections.
6.

In above such circumstance cautiously considered the
raised grievance submissions objections and record availed prima-facie
inclined the substantial material facts circumstances already have been
investigated. Even against the certain arrested accused charge-sheet is
also submitted. In impugned crime in all 32 accused are involved. Those
are agents, borrowers and bank employees. The record shows the
accused no. 1 Vipul Patel the then Branch Manager is enlarged on bail.
The alleged role of applicant in impugned crime is concerned with the
borrower. It is alleged that she had obtained the loan by overdraft
facilities by as Rs.30,00,000/- by submitting forged dubious fabricated
documents record LIC Policies and the availed loan amount is siphoned
off, routed transferred in other bank accounts. She is arrested on
09.12.2023. Her bail plea is rejected by Ld. Trial Court on 28.12.2023.
It also reveals the borrowers Mangesh Mhatre, Vasant Mhatre are
enlarged on bail. The main culprit agent Rani Durairaj and Rajiv Biswas
and other borrowers Irfan Pathan are behind bar. The account of extract
submitted by the applicant and respondent clarified she has deposited
CRI. BA 55/2024
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ORDER
in all amount Rs.5,61,413/- by as refund of loan amount. Thus, in all
such eventualities considering the levelled allegations its seriousness
gravity coupled with conduct demeanour behave of applicant and the
material relevant factum of the ground of parity as other two borrowers
are enlarged on bail. Thereby, it is my humble view and considered
opinion that the applicant is being borrower and she has repaid certain
loan amount to the informant bank and by her submission she
undertakes to repay the remaining loan amount. The same required to
be considered perspectively in view of having liberty to her. However, I
felt in view of raised allegations seriousness gravity of crime and
requirement of presence of applicant while trial and charges of
commission of serious economic crime by saddling stringent conditions
would appropriate to have the liberty to her. With this passed the
following order.
:ORDER:
1.

The present Criminal Bail Application No. 55 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant SMT. GEETANJALI SANTOSH SHRIVASTAV, age 41
years, residing at 9/B. Flat no. 1, Aashiana CHS Ltd, Amol Nagar,
Naigoan (W), Taluka Vasai, Dist- Palghar-401207 be released on
executing a P.R. Bond of Rs. 10,00,000/- (Rupees Ten Lakhs Only) and
furnish one or two solvent sureties in the like amount in connection
with the crime vide C.R. No. 738 of 2022 (C.C.T.N.S. No. 873/2022)
registered with Pantnagar Police Station for the offences punishable
under Sections 419, 420, 409, 464, 465, 467, 468, 471, 120(B) of the
Indian Penal Code, 1860.

CRI. BA 55/2024
b.

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ORDER
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall attend every date of trial without fail.

d.

The applicant shall not indulge in any criminal activity.

e.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
f.

The applicant shall submit her proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of her contact.
g.

The applicant to make surety compliance before Ld. Trial Court.

h.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Pant Nagar Police Station by sending copy of this order.
i.

The respondent/ Pant Nagar Police Station to take note of this
order.
j.

The present Criminal Bail Application No. 55 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court.
Sd/-
Dictated on
Transcribed on
Date of sign
: 31.01.2024
: 01.02.2024
: 03.02.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 55/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/02/2024, 3.07 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
31.01.2024
Order signed by P.O. on
03.02.2024
Order uploaded on
03.02.2024