CRI. BA 73/2024
1
ORDER
MHCC020004982024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 73 OF 2024
( CNR NO.: MHCC02-000498-2024 )
Mr. Arun Kumar S/o. Rameshwar Singh
Adult, Indian Inhabitant, aged adult
Occ. Business permanent resident of Zodiaq
CHS Ltd., Marathon, Next Zone Palaspe Pata
Raigad 410 221,
Presently lodged at Arthur Road Jail
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of E.O.W.
vide C.R.No.21/2023)
(C.C.T.N.S. No.332/2023)
…Respondent/State.

Appearance:Ld. Advocate Priyatosh Tiwari for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
Ld. Advocate Parth Sanghrajka for intervenor.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 02.03.2024.

CRI. BA 73/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 21 of 2023 (C.C.T.N.S.
No.332/2023) dated 19.05.2023 registered with respondent/state for
the offences punishable under Sections 406, 409, 420 r/w. 34 of the
Indian Penal Code, 1860.
2.

The respondent/state and the informant/victim/intervenor
have strongly opposed to the bail plea of the applicant on various
grounds by filing their written say/submission at Exh-4, Exh-8
respectively.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Further the
applicant has submitted voluntary undertaking-cum-affidavit at Exh-7
for which rejoinder submitted by the respondent/state and intervenor
and wherein recorded their no objection. Heard Ld. Advocate for the
applicant, Ld. Advocate for the intervenor/informant and the Ld. S.P.P.
for respondent/state.
4.

Having heard to the rival parties and considered their plea
grievance submissions contentions objections coupled with the record
material availed by them, thereby prima-facie inclined in impugned
crime the applicant and two co-accused Pritesh Mungmode and Shreyas
Salao are involved. The applicant and co-accused Pritesh Mungmode
CRI. BA 73/2024
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ORDER
are arrested and behind bar. Other co-accused Shreyas Salao is
absconded. The bail plea raised by the applicant is pleased to rejected
by the Ld. Trial Court by order dated 21.12.2023. Against the trio
accused alleged by the informant Saroj Bhosale/Naik that the coaccused Mungmode and Salao had approached to her and given
proposal by as upon invested amount in their business of dismantling of
old and close companies. The huge return/profit would avail. At the
outset they have obtained the initial investment of Rs.50,00,000/- and
on that amount returned the benefit amount Rs.15,00,000/- disbursed
within short span. Thereupon, they also given proposal for investment
to victim Abhijeet Pawar, Rajesh Kothari and others and from them time
to time get availed huge investment amount Rs.18,20,00,000/- for their
business of dismantling. Furthermore, the co-accused also given
proposal to the informant Saroj Bhosale for investing money in the
business of stone crusher plant of applicant by giving promise assurance
she would have got high returns/benefit amount upto Rs.7,50,000/quaterly. The applicant and co-accused are the partners of Popular
Infracon Company. On relying the same she has invested the amount
Rs.1,00,00,000/- time to time in stone crusher plant and business of
applicant by bank transactions through the co-accused Pritesh
Mungmode and their company namely Adwaitaa Iron and Steel Pvt. Ltd
and Popular Ispat Industries. Allegedly the applicant was also involved
in said transaction and giving promise assurance to high return amount
to informant. However, the applicant and his companion after availing
investment amount avoided neglected and declined to return the
principal amount and the return/benefits amount. The said invested
amount is misappropriated by them. Even, the informant and victims
have also invested their huge sum with the co-accused in their alleged
CRI. BA 73/2024
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ORDER
business of dismantling of companies dealing by the companies namely
Adwaitaa Iron and Steel Pvt. Ltd and Popular Ispat Industries and the
partnership firm Popular Infracon in all Rs.18,20,00,000/-. Thus, raised
the impugned crime.
5.

The applicant has come with the case that he is arrested on
21.11.2023. His bail plea is rejected by the Ld. Trial Court on
22.12.2023. The charge-sheet is submitted on 28.09.2023. His bail plea
is rejected on the presumptive and assumptive grounds reasons and
causes. While hearing of present matter he has submitted his voluntary
undertaking-cum-affidavit on record at Exh-7. Whereby undertakes to
repay the accepted amount from the informant by in 9 installments. The
intervenor and respondent have submitted their rejoinders on said
undertaking and ultimately recorded No Objection for the same.
Thereby, the very intention of applicant to repay the accepted amount of
informant is clear and honest. Further, the applicant was not actually
involved in alleged transaction occurred in between co-accused and
informant. Thereby, in FIR against him no any single allegation
grievance raised by any manner. Though in FIR allegedly shown the
huge investment amount as Rs.18,20,00,000/-. However, he is not
having concern with the alleged investment amount. In his stone
crusher business the co-accused has transferred the amount by his own
bank account and their company namely Adwaitaa Iron and Steel
Company. Their was no any mala-fide, dishonest or any illegal intention
of him by any manner. He also raised general grounds.
6.

The respondent/state though by their say strongly opposed
to the bail plea of applicant by raising objection the applicant is native
CRI. BA 73/2024
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ORDER
of District Ranchi, State Jharkhand. In New Mumbai he is residing on
rental basis. In impugned crime the applicant is having concern with the
huge investment amount Rs.1,00,00,000/-. He was companion of coaccused and they all by their common intention by lured instigated
prompted abetted to the informant for depositing her investment
amount in the stone crusher business of applicant by giving promise
assurance to get availed the benefit/return amount of Rs.7,50,000/quarterly, therefore, involvement participation of applicant is also
clearly specifically established transpired in alleged crime. The
investment amount of informant get transferred in the partnership
firm’s account through the co-accused. The applicant and co-accused by
hatched conspiracy and with dishonest intentions get admitted as a
partner to informant in their stone crusher business just with intention
to create legal defence upon grabbing misappropriating the investment
amount of complainant. In that regard sufficient considerable evidence
is availed. However, they have submitted the rejoinder/reply to the
undertaking-cum-affidavit filed by the applicant wherein ultimately
recorded no objection to have liberty applicant subject to condition to
follow
the
accepted
conditions
of
installments
of
repayments
scrupulously by him. Further the informant is also submitted
reply/rejoinder to said undertaking by the applicant and reiterated the
plea contention raised by the respondent/state.
7.

In the above circumstance cautiously considered the entire
availed record raised plea grievance submissions contentions objections
by the rival parties it inclined in impugned crime the applicant and two
co-accused are involved. Against them alleged by the informant Saroj
Bhosale that at the instance of co-accused she got ready to invest her
CRI. BA 73/2024
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ORDER
amount Rs.1,00,00,000/- in the stone crusher business of applicant
dealing by the partnership firm Popular Infracon through the applicant
and co-accused Pritesh Mungmode. The applicant and co-accused
allegedly assured and promised her to give smart return/benefit amount
by as Rs.7,50,000/- quarterly on her said investment amount. However,
lateron, misappropriated the same by avoided neglected declined to
return the principal and benefits amount. While hearing of impugned
matter the applicant has submitted affidavit-cum-undertaking at Exh-7.
Wherein in para no. 4 voluntarily undertakes to repay the amount to
informant by in 9 installments. In regard to said voluntary undertaking
the
respondent/state
and
informant/intervenor
have
ultimately
recorded ‘No Objection’ for the same. Though the said undertaking and
No Objection of respondent and intervenor are having little and meager
value. However, herewith the shown bonafide and conduct of applicant
required to be considered perspectively. Furthermore, upon gone
through the allegations grievance raised in FIR prima-facie inclined
though wherein the informant alleged that her as well as victim’s in all
investment amount Rs.18,20,00,000/-is involved. However, therein
against the applicant nothing clearly specifically raised. In FIR the
substantial material cognizable considerable grievance accusations
raised against the two co-accused only. In FIR stated the involvement of
one of the unknown involver. However, during investigation the alleged
transaction of investment of informant in the stone crusher business of
applicant transpired revealed and clarified. The co-accused Pritesh
Mungmode is arrested and behind bar. The other co-accused Shreyas
Salao is absconded. The charge-sheet is submitted on 28.09.2023. Thus,
considering all such eventualities coupled with the plea grievance
accusations raised against the applicant, his alleged involvement,
CRI. BA 73/2024
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ORDER
attribution of role and investment of informant Rs.1,00,00,000/- in
their alleged stone crusher of business of partnership firm namely
Popular Infracon through co-accused as well as the bonafide shown by
the applicant to return the involved amount of Rs.1 crore by his
voluntary affidavit-cum-undertaking. Thereby, I felt that the liberty of
applicant required to be considered perspectively. However, my
considered view and opinion that in view of record material availed
allegations grievance objections raised against the applicant would
appropriate to saddle stringent conditions. With this passed the
following order.
:ORDER:
1.
The present Criminal Bail Application No. 73 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.
The applicant Mr. Arun Kumar S/o. Rameshwar Singh, residing at
Zodiaq CHS Ltd., Marathon, Next Zone Palaspe Pata Raigad 410 221 be
released on executing P.R. Bond of Rs.10,00,000/- (Rupees Ten Lakhs
Only) and furnish one or two solvent sureties in the like amount in
connection with the crime vide C.R. No.21/2023 (C.C.T.N.S.
No.332/2023) registered with E.O.W. for the offences punishable under
Sections 406, 409, 420 r/w. 34 of the Indian Penal Code, 1860.
b.
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.
The applicant shall follow the terms and condition of his
voluntary affidavit-cum-undertaking in regard to repayment of amount
to informant scrupulously and without fail.
d.

The applicant shall attend every date of trial without fail.

CRI. BA 73/2024
e.

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ORDER
The applicant shall not indulge in any criminal activity.

f.
The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.
The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.
Accordingly, inform to the Ld. Trial Court, Investigating
Officer/E.O.W. by sending copy of this order.
j.

The respondent/E.O.W. to take note of this order.

k.
The present Criminal Bail Application No.73 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/-
Dictated on
: 02.03.2024
Directly typed on : 02.03.2024
Date of sign
: 05.03.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 73/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06/03/2024, 4.17 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
02.03.2024
Order signed by P.O. on
05.03.2024
Order uploaded on
06.03.2024