"Police must uphold services of NGOs, assist if possible:" Bombay High Court grants anticipatory bail to NGO founder accused of cheating

The Bombay High Court on Tuesday granted anticipatory bail to a man accused of fraudulently collecting donations for his NGO, 'The Little Shine Foundation'. [Dashrath Arjun Kamble v The State of Maharashtra].After the Investigating Officer informed the court that the NGO was offering solace not only to young children but to senior citizens, orphans, women and animals, Justice Bharati Dangre noted that the founder's custodial interrogation was not required.Justice Dangre opined that it was necessary for the Police to recognize and uphold services carried out by NGOs."...it is also necessary for the Police Department, which is an important organ of the State Government, to recognize and uphold the services carried out by such NGOs and, if possible, to assist them in taking their ventures further, as there are several areas where the State machinery is unable to reach," the Court said..The Court also said that instead of 'moving the needle of suspicion' to NGOs engaged in social service, the focus must be on the good deeds being carried out by them."As can be seen from the working of this particular NGO, several operations of needy and destitute children have been carried out at the expenses, which are collected through crowd fund. The panorama of activities refect it’s wide canvass and, instead of moving the needle of suspicion to such NGOs, who are widely engaged in social service and catering to the needs of the weaker section of the society, it is expected that we should focus on good deeds being carried out by such NGOs," it stated..The Court issued the order on the anticipatory bail plea moved by the NGO founder who was accused of having collected money through a call centre named 'Just A Call' by claiming that two patients, aged four, required open heart surgery costing ₹4.5 lakhs each. A complaint in this regard was lodged by a Police Officer alleging that though the amount was collected, the surgeries were never performed..Along with his petition seeking pre-arrest bail, the applicant placed documents on record to show the list of donors who had contributed for one of the two patients. Moreover, material was submitted to show that the concerned hospital also certified that the patient was suffering from congenital heart disease and required an open heart surgery.He also placed on record a communication from the hospital, confirming a payment of ₹50,000 and highlighting that the operation could not be performed immediately owing to a shortage of oxygenators..After a detailed investigation to ascertain whether the NGO misappropriated any money, the Investigating Officer concluded that the NGO was legitimately helping people in need.The Court opined that custodial interrogation would not be necessary in the present case and, therefore, granted the applicant anticipatory bail on furnishing a personal bond of of ₹25,000 with one or two sureties in the like amount..[Read Order]