Pune, 26th July 2022: The Supreme Court today granted bail to builder and developer Deepak Sakharam Kulkarni (Director of DSK Group of Companies) who is the main accused in the alleged investor fraud case worth thousands of crores of rupees.
Advocate Aashutosh Srivastava along with his Junior Adv. Ritesh Yeolekar represented Mr. D.S. Kulkarni in the Regular Bail petition filed before Supreme Court of India in the main FIR No. 347/2017 registered against him in ShivajiNagar Police Station, Pune dated 28.10.2017 u/s 406, 409, 411, 418, 420, 465, 467, 468, 471, 109, 120-B r/w 34 of Indian Penal Code, 1860 and Section 3 and 4 of Maharashtra Protection of Interests of Depositors (MPID) Act.
The court of Justice S. Abdul Nazeer and Justice J. K. Maheshwari bail to DSK. However, he will not come out of jail yet as four other cases are still pending.
Advocate Aashutosh Srivastava who argued the bail petition of Deepak Sakharam Kulkarni before the apex court said “the allegations made against Mr. D. S. Kulkarni are vague and he has been falsely implicated in the alleged offence. He was arrested on 17.02.2018 and has been incarcerated since then and also the investigation is already completed and charge-sheet has been filed by the investigating officer and all the properties were already seized by the authorities and all the necessary documents and material evidences have already been procured by the investigating agencies and placed on records and there is nothing left to be recovered from him. Most importantly, the trial is not initiated in the matter.”
Advocate Srivastava further quoted the judgment given by Apex Court in Legal Aid Committee Representing Undertrial Prisoners v. Union of India “Undertrials cannot indefinitely be detained pending trial. No person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter.”
He has already served around half the punishment for most of the offences, which he has been charged with, amounting to arbitrary detention, which clearly violates their basic human rights guaranteed by Article 9 of the Universal Declaration of Human Rights and Article 21 of the Constitution of India. Further, the principle of “Bail is a rule and Jail is an exception prevails”, Srivastava added.