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B.A. No.155/2018 in R.A.No.147/2018
IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO. 155 OF 2018
(CNR NO.MHCC02н003076н2018)
IN
RC/BA1/2017/A0031
IN
REMAND APPLICATION NO.147 OF 2018
Vijay Pandurang Chaudhary @ Ajay
R. Patil, aged 40 years, Occupation: Nil
Residing at Navjivan Society, Khindipada
Darga, Darga Road, Mulund West,
Near Shiv Sena Office, Mumbai 400 080.
(At present in judicial custody and
lodged at Arthur Road Central Prison.

]
]
]
]
]
]
].. Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of ACB C.B.I.vide their
Case No. RC/BA1/2017/A0031.

]
]
].. Respondent.

Advocate Mr. Anil Jadhav for accused.
Spl. P.P. Mr. Sharma for CBI, EOW.

CORAM : HIS HONOUR SPECIAL JUDGE
SHRI. S. R. TAMBOLI.
(C.R.NO.47)
DATE
: 14th MARCH 2018
ORAL ORDER
Accused has prayed for bail as per section 439 of Cr.P.C. He
has been arrested in case No.RC/BA1/2017/A0031 registered with CBI
for the commission of alleged offences punishable under sections 120нB
r/w 409, 420, 467, 468, 471, 472, 473, 474 and 475 of the Indian Penal
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B.A. No.155/2018 in R.A.No.147/2018
Code and section 13(2) r/w 13(1)(c) and (d) of the Prevention of
Corruption Act, 1988.
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The learned Counsel for accused submitted that accused is
falsely implicated in the alleged offence. He has nothing to do with the
same.

He has been arrested on mere suspicion.

He is not the
beneficiary of any monies from Dena Bank. He had not opened any
account with them under the name of Ajay R. Patil.

In fact, he is
neither aware of the said bank account nor he is in any way connected
with the other accused persons. A bare perusal of the complaint reveals
that false and frivolous allegations have been made by the complainant
with a malafide intention and oblique motive. The applicant is not
maintaining any account with Dena Bank as alleged either in his name
or under his assumed name of Ajay R. Patil. The applicant is not the
beneficiary of any monies allegedly siphoned off from Dena Bank by
offering false and fabricated Kisan Vikas Patras (Hereinafter it has been
referred as УKVPsФ only for convenience) and availing the overdraft
facility of Rs.50.00 lacs. The applicant is
also not involved in any
conspiracy to defraud. He has neither fabricated or forged KVPs for the
purpose of offering them as collateral security. The applicant has no
role to play in the alleged siphoning off monies from Dena Bank. The
applicant has no connection with any of the accused persons.

If
applicant is detained in custody in a false and fabricated case, then the
image of the applicant would be tarnished. Indefinite incarceration of
the applicant in custody would serve no fruitful purpose. The trial of
the applicant is not likely to commence in near future and therefore any
further detention would amount to preнtrial punishment. The applicant
has roots in the society.

There is no likelihood of the applicant of
tampering with the prosecution witnesses or threatening them in any
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manner whatsoever.

B.A. No.155/2018 in R.A.No.147/2018
Therefore, he has submitted that accused be
released on bail.
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Per contra, the learned S.P.P. for CBI, EOW has submitted
that RC 31(A)/2014/CBI/ACB/Mumbai was registered by CBI, ACB,
Mumbai on 29.09.2017 under sections 120нB r/w 409, 420, 467, 468,
471, 472, 473, 474, 475 of the Indian Penal Code and section 13(2) r/w
13(1)(c) and (d) of the Prevention of Corruption Act 1988 against Shri
Vijay Pandurang Chaudhari @ Ajay R. Patil and others for cheating
Dena Bank, Manish Nagar Branch to the tune of Rs.50,00,000/н.
Further, accused in pursuance of the conspiracy with other accused
cheated Dena Bank, Manish Nagar Branch, Mumabai to the tune of over
Rs.50,00,000/н by dishonestly availing overdraft facility by submitting
fake and forged valuable securities of Government of India in the form
of KVPs purportedly issued by Dunge Post Office, Bhiwandi in
connivance with other accused persons. Further, present accused had
opened Account No.077810027029 in Dena Bank, Manish Nagar
Branch in the assumed name of Shri Ajay Ramchandra Patil and
cheated the Bank. The present accused visited in the Bank for opening
of account in Manish Nagar Branch of Dena Bank. He submitted his
own photograph and fake KYC documents in the name of Ajay R. Patil
in Manish Nagar Branch of Dena Bank. The account was opened by him
in the name of Ajay R. Patil. In the month of September 2016, he had
submitted fake and forged KVPs amounting to Rs.70,50,000/н to Dena
Bank for availing loan of Rs.50,00,000/н from the Bank. Accordingly,
the loan amounting to Rs.50,00,000/н was sanctioned and disbursed by
the Bank to him on the said false and forged security. There is oral and
documentary evidence against the accused. The accused would tamper
with evidence which are yet to be collected and he would influence the
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B.A. No.155/2018 in R.A.No.147/2018
witnesses which are crucial for the ongoing investigation. Investigation
is in its initial stage. Hence, he prayed to dismiss the application.
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Following are the circumstances, which I have taken into
consideration while dismissing the application.
i)
Accused is named in the FIR. Allegation against accused shows
that he produced fake 141 KVPs purportedly issued by Dunge Post
Office towards Dena Bank for availing loan. All the KVPs were fake.
KVPs were worth of Rs.70,50,000/н. On the basis of the same, accused
obtained loan amount of Rs.50,00,000/н from Dena Bank.
ii)
Allegation against accused shows that he cheated by personation
by pretending himself as Ajay Patil while obtaining loan from Dena
Bank.
iii)
Allegation against accused also shows that he opened there
account in the name of Ajay Patil and for that purpose he used fake
documents.
iv)
Accused has just denied his role in the offence. However, there is
strong documentary evidence against accused showing his primaнfacie
involvement in the offence.

Accused has not whispered about the
amount of Rs.50,00,000/н.
v)
Offence alleged against the accused is serious. While considering
the liberty of the accused, the Court has to take into consideration
grievance of the victim. In the present case, public money siphoned.
The Court can not over look public out cry.
vi)
The accused siphoned the money along with other persons.

Therefore, there is likelihood to commit similar offence.

The
investigation is not completed. It is at cruicial stage.
vii)
Possibility of the tampering evidence cannot be ruled out, as the
accused has opened account in the name of Ajay R. Patil. 141 KVPs are
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B.A. No.155/2018 in R.A.No.147/2018
forged, at which place, it came to be forged? How it come to be forged?
In this context, investigation is still pending.

The accused may
influence the concerned witnesses and tamper the evidence.
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Considering all the circumstances, this court is of the firm
view that this is not a fit case to release the accused on bail.
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In the result, this court pass the following order:н
ORDER
Bail Application No.155 of 2018 is hereby rejected.

(S.R.TAMBOLI)
Special Judge (CBI)
Gr. Bombay.

Date: 14/03/2018
Dictated on
Transcribed on
Signed on
:
:
:
14/03/2018
15/03/2018
15/03/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.Ф
16/03/2018 At 3.20 p.m.

MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court HHJ. SHRI S. R. TAMBOLI
Room No.)
(C.R.NO.47)
Date
of
pronouncement
Judgment/Order.

of 14.03.2018
Judgment/Order signed by P.O. on
15.03.2018
Judgment/Order uploaded on
16.03.2018
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B.A. No.155/2018 in R.A.No.147/2018