Mumbai, Maharashtra – January 12, 2022 – A Special Judge for Greater Bombay, S. P. Naik-Nimbalkar (Court Room No. 46), today rejected the bail application of Shri Anil Madanji Jadhav, Chairman of the Maharashtra State Skill Development Society (MSSDS), who was arrested by the Anti-Corruption Bureau (ACB) in a case involving an alleged demand and acceptance of a Rs. 5 lakh bribe.
Jadhav, 52, currently in judicial custody since January 10, 2022, had sought bail under Section 439 of the Code of Criminal Procedure. He faces prosecution under Section 7 of the Prevention of Corruption Act, 1988.
Prosecution Alleges Bribe for Course Approval
The case stems from a complaint by Mr. Deepak Shrichand Tekchandani, a partner in Tender Skin International Cosmetology Academy. Tekchandani alleged that after applying for approval to conduct various courses through MSSDS, Jadhav, as the Chairman, demanded a bribe of Rs. 5,00,000/- for final approval.
According to the ACB, the demand was verified through multiple interactions between December 7 and December 29, 2021. On December 14, 2021, Jadhav allegedly signaled the demand for Rs. 5 lakhs by showing five fingers, stating, “five is not big… it is a big opportunity.”
On January 4, 2022, a trap was laid. As Tekchandani did not have the full amount, the ACB provided Rs. 4,88,000/- in fake toy currency notes, which, along with Rs. 12,000/- arranged by the informant, totaled Rs. 5,00,000/-. During the trap, Jadhav allegedly picked up the three envelopes containing the cash from the table and placed them in his drawer, assuring the informant that the final approval would be completed by Friday. Following a pre-arranged signal, the ACB team raided the office and arrested Jadhav.
Significant Cash, Gold, and Electronic Gadgets Seized
Following Jadhav’s arrest and registration of FIR (C.R. No. 1/2022) on January 5, 2022, searches at his office and residence uncovered substantial assets. The ACB seized Rs. 79,63,500/- in cash, along with 1.572 kg of gold and jewelry (worth Rs. 74,81,745/-) and 1.500 kg of silver (worth Rs. 4,65,000/-). The total value of seized property, including household furniture, amounted to Rs. 1,73,34,765/-. Additionally, Rs. 2,28,100/- cash, two laptops, twenty-six pen drives, and four hard disks were found in his office.
The prosecution argued that Jadhav, being a highly educated and high-ranking government official, could adversely affect the ongoing investigation by influencing witnesses, destroying evidence, or absconding. They stated that no explanation had been provided for the seized assets and that important documents were yet to be recovered.
Defence Cites False Implication, Completed Interrogation, and COVID-19
Mr. Niranjan Mundargi, Jadhav’s advocate, contended that his client was falsely implicated and that there was no substantial independent witness material. He pointed to a 22-day delay between the demand verification and the trap, suggesting “malafides on the part of ACB.”
Mundargi argued that the investigation was virtually complete, and Jadhav had already spent six days in police custody. He highlighted that Jadhav had tested positive for COVID-19 during his police remand and required home quarantine and proper medical treatment. He assured the court that Jadhav would cooperate with the investigation, had no criminal antecedents, and would not abscond or tamper with evidence.
He also clarified that the substantial cash and articles recovered were not directly connected to the Section 7 PC Act charge and that no case of disproportionate assets (Section 13(1)(e)) had been invoked yet, for which a separate preliminary inquiry would be required.
Court Rejects Bail, Citing Gravity and Ongoing Probe
Judge Naik-Nimbalkar, after reviewing the case papers and submissions, concluded that there were prima facie reasonable grounds to believe the accusation against Jadhav for the offense under Section 7 of the Prevention of Corruption Act.
The court emphasized the “nature and gravity of offence is very large” and highlighted the significant seizure of cash, gold, silver, and electronic gadgets for which no explanation was provided. “The nexus of accepted amount with any other persons, if any and further facts, if any, of the demanded and accepted amount, are yet to be unrevealed,” the Judge stated.
The court noted that the investigation was “not completed” and that the magnitude of the offense was “very large.” It underscored that Jadhav, as Chairman of MSSDS, held an important decision-making position. While acknowledging Jadhav’s COVID-19 status, the court stated that this did not warrant bail for further treatment, suggesting that jail authorities could provide necessary medical care.
“The investigation so also the interrogation with the applicant/accused, are not concluded. The release of applicant/accused on bail may hamper the investigation in progress,” the order stated.
Order:
The court rejected Bail Application No. 20/2022. However, it directed the Superintendent of Arthur Road Central Prison, Mumbai, to provide adequate, sufficient, and immediate medical help to Anil Madanji Jadhav if he complains of ill-health and to follow strict COVID-19 treatment protocols as advised by the Medical Officer.