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Rakesh Baban Borhade v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 2446-2447 of 2014)Decided 19 Nov 2014
Criminal Appeal Nos. 2446-2447 of 2014
Justice V. Gopala Gowda · Justice R. Banumathi

Background

A construction company complained that companies and their directors had taken more than ₹7.22 crore under agreements to transfer land rights but had not completed the promised transfers. Borhade denied a dishonest role and said he became a director after the principal agreement. The High Court granted anticipatory bail to two other accused but refused him protection.

Decision Breakdown

The Supreme Court allowed his appeals and granted anticipatory bail on a ₹25,000 personal bond with two sureties of the same amount. It treated the dispute as a commercial transaction centred on agreements and observed that dishonest intention and the capacity in which he sold property required evidence. His ₹1 crore deposit under the Court's interim direction also supported granting protection while investigation continued. He was required to cooperate with investigators, and the complainant could withdraw the deposit subject to the outcome of litigation concerning the agreement. The order did not decide whether he had committed the alleged offences.

Lesson Learnt

An accused in a business transaction may obtain protection from arrest when the circumstances justify it, while investigation and the underlying financial dispute continue. Bail and permission to withdraw a deposit do not settle criminal guilt or final entitlement to the money.

Official source (sci.gov.in)View Judgment (PDF)

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