District and Additional Sessions Judge Shri S B Bahalkar posing for the shutterbug on an earlier occasion. (File Pic: The Voice of Malegaon)
Dr Advay Hiray-Patil, Deputy Leader of the Shiv Sena (Uddhav Balasaheb Thackeray) party, was today produced before the Hon’ble District and Additional Sessions Judge Shri S B Bahalkar, as his first Police Custody Remand (PCR) in the alleged Rs 7.46 crore loan fraud case came to an end today.
Before going ahead and pronouncing his order, Judge Bahalkar asked Dr Patil’s lawyer Senior Advocate Kale whether the accused has given any installment to repay the Rs 7.46 crore loan taken from the NDCC Bank back in 2012-13?
“Why I am asking this is because I just want to know the intention of the accused (whether the accused wants to do the repayment of the loan taken or not?)”, Judge Bahalkar remarked.
To this the defence lawyer replied in negative. The said loan amount of Rs 7.46 crore purportedly has now gone astronomically up to around Rs 34 crore including the interest payment and other levies. Judge Bahalkar made following strong observations while remanding Dr Patil in a further PCR.
Huge loan amount involved
Judge Bahalkar’s first observation in his order for a further PCR which talks about the loan amount itself reads, “From the contentions raised by both the sides, it appears that they are not disputing as regards to the loan transaction as mentioned in this case. Certainly, a huge amount of money, is involved in this case.”
Proceedings Books hold key for investigation
His second observation is related to the proceedings books and wording of the resolutions, apart from mentioning the Renuka Devi Society, a proposed spinning mill which has been at the heart of the ongoing trial proceeding.
“During the investigation, it has been revealed that one Renukadevi Yantramag Audogik Sahakari Sanstha Ltd., Malegaon, availed loan from the N.D.C. C. Bank, Branch Market Yard, Malegaon, in the year 2013 and at that time, loan of Rs 7,46,00,000/- was granted. At that time, certain entries as regards to the approval of loan were taken in the proceedings book. Hence, it appears to me that the wording of the said resolutions or entry taken into the proceedings books, are necessary for further investigation,” Judge Bahalkar observed.
IO should utilise each and every minute of police custody
Judge Bahalkar also snubbed the Investigating Officer, Economic Offences Wing (EOW) Nashik Rural, for his inability to extract the proceedings books during the time when the accused was in PCR for five days. He was not ready to accept the IO’s excuse.
He observed, “It has been submitted by the Investigating Officer that yesterday and day before yesterday, the concerned Bank was closed due to Saturday and Sunday. Hence, he could not go to the said Bank and seize the proceedings books. However, his submission is somewhat not acceptable because considering liberty of any individual/accused, the Investigating Officer is supposed to utilise each and every minute of his police custody carefully.”
Reasons seem cogent in the remand report
The final observation made by Judge Bahalkar was on the reasons put forth in the remand report. He a sort of gave his approval to the reasons mentioned therein.
“Still, the reasons mentioned in the remand report as regards to the seizure of proceedings books and recording statements of the concerned Officers of the Banks and their cross verification, further physical presence of the accused appears to be necessary in police custody,” Judge Bahalkar observed.
