DEEPAK KHUBCHAND BAJAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is a secretary of the Sindhu Education Society, Jaripatka, Nagpur, a registered minority educational institution having under its wing in all 12 educational institutions, was arrested on 12.11.2015 on the allegation that he amassed huge wealth disproportionate to his known sources of income during the check period of about 25 years i.e. between the year 1990 and 2015 and, in doing so, he with the help of his wife (accused No.2) resorted to various contraptions, like threatening his employees with termination of their services, if they failed to pay the monies demanded by him or failed to obey his orders, indulging in deceptions and cheating as well as preparing of false documents and using them as genuine and also misappropriating the money of the institution.

(2.) During the pendency of the investigation, the applicant moved a bail application before the Special Court (ACB) Nagpur, but it was rejected by it. The applicant also moved this Court under Section 439 of the Criminal Procedure Code by filing Criminal Application (BA) No.939/2015. This application was rejected by this Court on 22 nd December, 2015. The matter was carried by the applicant to the Hon'ble Apex Court by filing a Petition for Special Leave to Appeal (CRL) No.1640/2016. The S.L.P. was allowed to be withdrawn by the Hon'ble Apex Court with liberty to the applicant to renew his request for grant of bail by filing an appropriate application after charge was framed. The Hon'ble Supreme Court also observed that the trial Court, while framing the charge, shall proceed on its own merits uninfluenced by any of the observations made by the High Court. The order to this effect was passed by the Hon'ble Supreme Court on 22.12.2015.

(3.) The charge came to be framed against this applicant and his wife accused No.2 by the Special Court (ACB) Nagpur on 26.7.2016. It was for offence punishable under Sections 13(2) read with Sections 13(1)(c), 13(1)(b) of the Prevention of Corruption Act, 1988 and also for offences punishable under Sections 120B, 420, 467, 468, 471, 168 and 201 of the Indian Penal Code. On the same day, the applicant filed an application before the Special Court (ACB) for grant of regular bail. The application, however, was rejected by the learned Special Judge by his order passed on 8th August, 2016. Thereafter, the applicant has filed this application under Section 439 of the Code of Criminal Procedure seeking his release on bail.