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Bail Application No. 961/2018
CNR No. MHCC020166162018
IN THE COURT OF SPECIAL JUDGE FOR C.B.I.
FOR GREATER BOMBAY AT MUMBAI
BAIL APPLICATION NO. 961 OF 2018
IN
REMAND APPLICATION NO. 1230 OF 2018
(R.C. No. BSM/2018/E/0004CBI/BS & FC/Mumbai)
SAGAR DATTARAM SAWANT,
Age 46 years, Occupation:Service,
R/at:503, Vastu Datta Sagar, Satyaban
Chowk, Umesh Nagar, Near Sumitra
Building, Devicha Pada, Dombivali (West),
Thane421 202.
Applicant/
Orig. Accd. No. 8
V/s.
THE CENTRAL BUREAU OF
INVESTIGATION, Bank Securities &
Fraud Cell, Mumbai.
Respondent/
Complainant
CORAM :
H.H. THE SPECIAL JUDGE,
SHRI. JAYENDRA C. JAGDALE,
(C. R. No. 51).
DATED :
19th January, 2019.
Mr. Kiran Varma, Ld. Adv. for the applt./original accd. no. 8.
Mr. Omprakash, Ld. S.P.P. for the CBI/Respdt.
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Bail Application No. 961/2018
ORAL ORDER
1
This is an application placed by the applicant/original
accused no. 8 Sagar Dattaram Sawant for regular bail u/sec. 439 of the
Code of Criminal Procedure against whom the offences punishable
u/sec. 120B r/w 409 & 420 of Indian Penal Code, 1860 r/w section
13(2) r/w 13(1)(c) & (d) of Prevention of Corruption Act, 1988 have
been registered by Central Bureau of Investigation, BS & FC, Mumbai.
2
Heard arguments advanced by Ld. Advocate for the
applicant/original accused no. 8 and Ld. S.P.P. for the CBI/Respondent.
The Ld. Advocate for applicant/accused has reiterated the contents of
application. The prosecution has strongly objected to grant prayer in
the application. The prosecution has given say on the application on
record vide Ex2.
I have perused the application and documents
produced on record on behalf of the applicant/accused. I have also
perused the say filed on record by the prosecution.
3
The applicant/accused has submitted through this bail
application that he joined Punjab National Bank in the year 2011 as a
Peon and served in the Local Clearing Centre Branch of said bank and
due to his hard work and unblemished record, he was promoted as
Single Window OperatorA in August 2015 and was serving in Brady
House Branch, Fort of Punjab National Bank till February 2018. He was
suspended from his position on 08/02/2018.
Later on as nothing
incriminating was found against the applicant/accused, after a brief
period of four months, the suspension of applicant/accused was revoked
and he was redesignated and promoted on the basis of his seniority in
the position of Single Window OperatorB. He was informed by the
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Bail Application No. 961/2018
H.R. Department of Punjab National Bank that he has been called by the
office of CBI for the purpose of investigation and on 17/12/2018, he
was interrogated till evening and shown as arrested in connection with
present crime.
After arrest of applicant/accused, CBI conducted a
search at the residential premises of applicant/accused and could not
find any incriminating document or material.
He was arrested and
arraigned as an accused in the present crime, as he was posted in the
Brady House Branch of Punjab National Bank, For during the course of
alleged fraud and irregularities committed by the bank officials and the
present applicant/accused had served in the Exports Section of Brady
House Branch on temporary basis because an employee of said branch
had been transferred to another branch and in order to fill the vacancy
and it was a very short stint of six months in 2016, during which the
applicant/accused had served in the said Export Department. He was
not at all related with the issuance of LOUs, as it was beyond his scope
of powers.
The recovery has been done and presently it is in the
custody of investigating agency. The evidence is documentary in nature
and as such, his physical custody unwarranted.
In the result, the
applicant/accused has prayed to allow the application.
4
The prosecution has filed its reply and submitted that as
per complaint dated 09/03/2018 lodged by Shri. Avneesh Nepalia,
DGM, Punjab National Bank, Zonal Office, Mumbai, during April 2017,
Shri. Gokulnath Shetty, the then Dy. Manager and Shri. Manoj
Hanumant Kharat, Single Window Operator, both from Punjab National
Bank, Brady House, Mumbai entered into a criminal conspiracy with
Shri. Aditya Rasiwasia and Shri. Ishwardas Agarwal, both Directors of
M/s. Chandri Paper and Allied Products Pvt. Ltd., Mumbai and
unknown others in the matter of dishonest and fraudulent issuance of
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Bail Application No. 961/2018
two Letters of Undertaking (LOUs) for USD 560444.44 and USD
860867.38 respectively, totalling to USD 1421311.82 (equivalent
amount of Rs. 9,09,63,956.48), favouring SBI, Antwerp, Belgium on
25/04/2017, the object of which to cheat Punjab National Bank, MCB,
Brady House, Mumbai. The said two LOUs were fraudulently issued to
M/s. Chandri Paper & Allied Products Pvt. Ltd., Mumbai without any
sanctioned credit limit to the company and also no 110% margin was
provided by the said company.
The accused bank officials without
obtaining required request application, documents and approval of the
authorities thereto and without making entries in the bank system,
transmitted to the overseas banks. The applicant/accused was working
as Single Window Operator during the relevant time at Punjab National
Bank, MCB, Brady House, Mumbai and was authorised as Maker &
Checker for SWIFT messages by using his SWIFT UserID allocated to
him by the bank. He was the maker/checker for SWIFT message MT
202 dated 26/04/2017 for making payment of USD 523991.24 to Bank
of Baroda, New York, which was due against fraudulent/unauthorised
LOU issued in favour of said Overseas Indian Banks.
The
applicant/accused was arrested on 17/12/2018 in this case. The case is
at crucial stage of investigation and there is every reason to believe that
the applicant/accused would resort to all means for thwarting the
investigation by tampering with the evidence that remains to be
collected and influence the witnesses, which is highly detrimental to the
case. Hence, the Ld. SPP for CBI has prayed to reject the application.
5
Herein, I would like to refer the case of Nimmagadda
Prasad v/s. Central Bureau of Investigation [2013 DGLS (Soft.)
404], wherein the Hon’ble Lordships of Hon’ble Supreme Court of India
have specifically described the considerations for bail application and
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Bail Application No. 961/2018
observed that while granting bail, the Court has to keep in mind the
nature of accusations, the nature of evidence in support thereof, the
severity of punishment which conviction will entail, the character of the
accused, the circumstances which are peculiar to the accused,
reasonable possibility of securing the presence of accused at the trial,
reasonable apprehension of the witnesses being tampered with, the
larger interests of public/State and other similar considerations.
6
In view of the abovementioned criteria, it is important to
mention that the prosecution has not raised any point that there is
difficulty for securing the presence of accused at the time of trial. The
prosecution has not raised any point regarding the larger interests of
the State or similar kind of consideration. A vague statement made by
the prosecution that at this crucial stage of investigation, the arrested
accused would thwart an investigation by tampering with the evidence
that remains to be collected and influence the witnesses.
7
It is clear from the record that the investigation against the
present applicant/accused is complete and chargesheet has already
been filed against him. The apprehension expressed by the prosecution
that the applicant/accused may thwart the investigation by tampering
the evidence and influence the witnesses, however no details have been
given by the prosecution as to which witnesses, the applicant/accused
may influence and what kind of evidence, the applicant/accused may
tamper. In short, these are vague allegations and on the basis of such
vague allegations, the personal liberty of applicant/accused can not be
curtailed. The applicant/accused himself undertakes to cooperate with
the investigation agency as and when required and shall also abide by
any stringent condition that may be imposed on the applicant/accused
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by this Court.
Bail Application No. 961/2018
There is no any proper reason to keep the
applicant/accused in judicial custody for indefinite time. Moreover, I
have already mentioned that the chargesheet has already been filed in
the matter. Therefore, the applicant/accused is require to be released
on bail subject to certain conditions. Hence, the application deserves to
be allowed. Accordingly, I proceed to pass the following order :
ORDER
1
Bail Application No. 961/2018 in R.A. No. 1230/2018
(R.C. No. BSM/2018/E/0004CBI/BS & FC/Mumbai) is hereby allowed.
2
The applicant/original accused no. 8 SAGAR DATTARAM
SAWANT is hereby directed to be released on executing P.R. Bond of
Rs. 50,000/ (Rupees Fifty Thousand Only).
Further, he is hereby
directed to furnish one or more sureties of the like amount within two
months.
3
The applicant/accused is directed not to leave India
without obtaining prior permission from this Court.
4
Further, till furnishing surety, the applicant/accused is
directed to surrender his passport, if any, with CBI.
5
The applicant/accused is directed to furnish his permanent
address as well as permanent contact numbers to the CBI.
6
The applicant/accused is directed to furnish addresses of
his two relatives and their permanent addresses and contact numbers to
the CBI.
7
The applicant/accused is further directed not to tamper
with the prosecution evidence and to assist in disposal of trial.
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8
Bail Application No. 961/2018
The applicant/accused shall not commit any offence while
on bail.
9
The applicant/accused is hereby directed to remain present
before investigating officer on every Tuesday in between 10.00 a.m. to
4.00 p.m. till further order.
10
Breach of any of the above conditions will amount to
cancellation of bail granted to the applicant/accused.
11
The applicant/accused is hereby allowed to be released
provisionally after furnishing cash bail of Rs. 50,000/, temporarily for
the period of two months.
12
Bail Application No. 961/2018 in R.A. No. 1230/2018
stands disposed of accordingly.
(Order dictated and pronounced in open court.)
(Jayendra C. Jagdale)
The Special Judge for CBI,
City Civil & Sessions Court,
Gr. Bombay.
Dated : 19/01/2019
Dictated on
Transcribed on
Signed on
Delivered to Certified
Copy Section on
: 19/01/2019
: 19/01/2019
: 19/01/2019
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Bail Application No. 961/2018
“Certified to be true and correct copy of the original signed
judgment/order”.
Upload Date & Time : 19/01/2019 at 5.45 p.m.
Smt. G. K. Kotawadekar
Name of the Stenographer
H.H.J. SHRI. JAYENDRA C. JAGDALE (C. R. No. 51)
Date of pronouncement of judgment/order :19/01/2019
Judgment/order signed by the P.O. on :19/01/2019
Judgment/order uploaded on :19/01/2019