Bombay High Court
Rahul Damodar Ghule vs The Central Bureau Of ... on 19 October, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3468 OF 2022
IN
CRIMINAL APPEAL [STAMP] NO.17073 OF 2022
Rahul Damodar Ghule ..... Applicant
Versus
The Central Bureau of Investigation
Anti-Corruption Bureau, Pune
and another .... Respondents
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Mr. Ashish S. Vernekar, Advocate , for the Applicant.
Mr. H.S. Venegavkar, Special P.P. for Respondent No.1-CBI.
Mr. S.R. Agarkar, APP for the Respondent No.2-State.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 19th OCTOBER, 2022
P.C. :
1. This is an application for bail pending the
applicant's appeal which he has filed against the judgment
and order dated 28.3.2022 passed by the Special Judge
(CBI-ACB), Pune in Special (ACB) Case No.53/2019.
2. Heard Shri Ashish Vernekar, learned counsel for
the applicant, Shri H.S. Venegavkar, learned Special P.P. for
the respondent No.1-CBI and Shri S.R. Agarkar, learned APP
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Deshmane(PS)
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for the respondent No.2-State.
3. The appellant was convicted for commission of
offence punishable under Sections 120-B, 420 read with
120-B, 468 read with 120-B, 471 read with 120-B of the
Indian Penal Code. The major sentence was RI for five years
besides imposition of fine. The substantive sentences were
directed to run concurrently. The appellant was in custody
from 3.8.2021 to 1.2.2022 and, therefore, benefit of set off
under Section 428 of Cr.P.C. was given to him.
4. The prosecution case is that the then Branch
Head of Bank of Baroda, Pimple Saudagar Branch, Pune had
entered into conspiracy with others and vehicles loans were
sanctioned in the name of fourteen borrowers. All these
transactions were fraudulent and thus it had caused
monetary loss to the bank. As far as the present applicant is
concerned, the allegations are that he was instrumental in
opening an account in the name of a fictitious dealer namely
'M/s.Kunal Moters' in Pimpri Chinchwad Sahakari Bank,
Branch at Pimpri. The loan of Rs.7.50 Lakhs for purchasing a
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vehicle was sanctioned in the name of the applicant. That
loan amount was deposited in M/s. Kunal Moter's account
and thereafter it was misappropriated.
5. Learned counsel for the applicant submitted that
he was working with one Mr. Chachalani and he had taken
signatures on some documents purportedly for opening bank
account in the applicant's name to deposit his salary.
However, his documents were misused and the applicant was
needlessly roped in, in the entire fraud.
6. Learned Special Counsel for the respondent CBI
opposed this application. He submitted that there is
sufficient documentary evidence to show the applicant's
involvement.
7. I have considered these submissions. Out of the
substantive sentence of five years, the applicant was already
in custody for a period of about five months. Though there
are allegations that for certain period he was not available
and was absconding, ultimately he faced the trial and was
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sentenced for five years. The appeal is not likely to be
decided within that period. There is nothing to show and
which is also admitted by the Special P.P. for CBI from the
record that the applicant was a beneficiary of any amount.
Considering this, the applicant can be released on bail.
Hence, the following order :
:: O R D E R ::
i. During pendency and final disposal of Criminal
Appeal (stamp) No.17073/2022, the applicant is
directed to be released on bail on his furnishing P.R.
bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one or two sureties in the like
amount.
ii. Interim Application is disposed of accordingly.
Digitally signed
by
PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
(SARANG V. KOTWAL, J.)
PRAKASHRAO DESHMANE
DESHMANE Date:
2022.10.21
15:11:22
+0530
Deshmane (PS)
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