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Order on BA No.1067/23
MHCC020185212023
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.1067 OF 2023
IN
REMAND APPLICATION NO.1404 OF 2023
Bapu Mohan Zambre
Aged 42 years, Occ : Driver,
Residing at Flat No.702, Building No.2/A,
Jeevan Life Style, Cyprus, Yadav Nagar,
Badlapur (East), Thane 421503.
(Presently detained at Mumbai Central Prison)
]
]
]
]
] Applicant/
]… Accused
Versus
The State of Maharashtra
(Through Mulund Police Station)
]
]… Respondent
Appearances:Advocate Nitin S. Borkar for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 5th January, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Bapu Mohan Zambre resident of Badlapur, Thane, under Section
439 of The Code of Criminal Procedure, 1973 for grant of regular
bail.

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2.

Order on BA No.1067/23
A case being C.R. No.81 of 2021 is registered with Mulund
Police Station against the present Applicant for the offences
punishable under Sections 406, 409, 420 r/w Section 34 of the
Indian Penal Code, 1860 (hereinafter referred as “IPC”) as well as
Sections 3 and 4 of The Maharashtra Protection of Interest of
Depositors Act, 1999 (hereinafter referred to as “M.P.I.D. Act”).

3.

Application is resisted by the Prosecution by filing say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
Accused persons Avinash Popat Salve and Applicant have
launched one scheme “Vijeta Lucky Draw” and thereby collected
Rs.1,000/-(Rupees One Thousand only) each, per month from
multiple depositors upon the promise that they would get
Rs.30,000/-(Rupees Thirty Thousand only) after 30 months and
the lucky winner would get Rs.30,000/-(Rupees Thirty Thousand
only) in addition to the said amount by rotation. In October
2018, the Accused including Applicant started office in the name
of the Company “MSOI Online Services Pvt. Ltd.” in Shop
no.10/21, Dreamland Society, Jai Shastri Nagar, Mulund Colony,
Mulund (W), Mumbai 400082. The said Company launched the
scheme wherein the depositor had to deposit Rs.77,500/(Rupees Seventy Seven Thousand Five Hundred only) and he
would get Rs.7,00,000/- (Rupees Seven Lakh only) after six
months. The informant paid said amount of Rs.77,500/-(Rupees
Seventy Seven Thousand Five Hundred only) in January 2019,
got Rs.20,000/- (Rupees Twenty Thousand only) till March 2019
and thereafter, the accused committed fraudulent default in
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Order on BA No.1067/23
repayment to the informant and the other depositors. During
investigation of the offence, it was found that the accused persons
committed fraudulent default in repayment of huge amount of
Rs.1,59,04,025/- (Rupees One Crore Fifty Nine Lakh Four
Thousand Twenty Five only).
5.

Heard the Ld. Advocate for the Applicant, Ld. SPP for the
Prosecution and Investigating Officer.

6.

Ld. Advocate for the Applicant submitted that the offence
allegedly committed during the year 2017 to 2020 whereas
offence was registered on 25.02.2021. Applicant came to be
arrested on 08.11.2023. Delay in lodging report as well as to
arrest the Applicant reflects that the Applicant has no concern
with the alleged offence. Now, charge-sheet has been filed. Other
main accused are already released on bail who were the Directors
of the Company. The Applicant has no concern with the Company.
Even otherwise on the ground of parity, Applicant is entitled for
the relief claimed. Hence, it is submitted that the Applicant be
released on bail.

7.

Per contra, Ld. SPP argued that delay in lodging report and
to arrest the Applicant would not be the ground to consider bail
application of the Applicant. Role of the other accused can not be
equated with the role played by Applicant during commission of
offence. Charge-sheet is filed against other accused. Applicant
was arrested on 08.11.2023. Prima facie concern of the Applicant
with alleged offence is clear. He was a Director of MSOI Online
Services Pvt. Ltd. He and other accused have deceived the
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Order on BA No.1067/23
investors. They have committed huge scam of near about
Rs.1,59,04,025/- (Rupees One Crore Fifty Nine Lakh Four
Thousand Twenty Five only). They have deceived financially
backward people. Therefore, the application filed by the
Applicant be rejected.
Reasons
8.

On perusal of record it reveals that the report is lodged on
25.02.2021. The alleged offence was committed during the year
2017 to 2020. It was revealed in the year 2021 and thereby
offence was registered. During the investigation other accused
came to be apprehended. Record reflects that Applicant / Accused
no.2 was involved in the commission of offence since beginning.
He was actively involved to induce investors and for that purpose
distributed pamphlets in the area. In April 2019, Accused
pretended that their Company is closed and they have stopped
payment to the investors. The other accused Avinash Salve and
Harshad Parad came to be arrested on 09.02.2022 itself. Chargesheet is filed against them. It reveals that Applicant was not
available and he was traced out through team against criminals at
Thane on 08.11.2023. Thus, it is reflected that the Applicant was
avoiding the arrest and did not co-operate the investigation.

9.

As observed earlier, it is prima facie evident that the role
of Applicant is crucial one in commission of offence. He seems to
be brain behind the scam. He has played active role in
commission of offence. Charge-sheet is not yet filed against him.
Deceived investors belongs to poor economical background. Total
scam is of near about Rs.1,59,04,025/- (Rupees One Crore Fifty
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Nine Lakh Four Thousand
Order on BA No.1067/23
Twenty Five only). In such
circumstances, it is necessary to investigate the matter in all
perspective and to recover the amounts grabbed by the accused.
So also considering the acts committed by the Applicant, his role
can not be equated with the role played by the other accused. He
was absconding and was not available for investigation. His
conduct is also necessary to be taken into consideration. If he
would be released on bail, there is every possibility that he may
flee away from justice. Thus, viewed from any angle, Applicant is
not entitled for the relief claimed. Hence the order :ORDER
1. The present Bail Application No. 1067 of 2023 filed by the
Applicant Bapu Mohan Zambre in connection with C.R. No.81 of
2021 is registered with Mulund Police Station against the present
Applicant for the offences punishable under Sections 406, 409,
420 r/w Section 34 of the Indian Penal Code, 1860 as well as
Sections 3 and 4 of The Maharashtra Protection of Interest of
Depositors Act, 1999 is hereby rejected.

2. Accordingly, Respondent/I.O. to take the note of this order.
3. The present Bail Application No.1067 of 2023 stands disposed of
accordingly.

(Dictated and pronounced in the open Court.)

Date: 05/01/2024
Mumbai
sd/(ADITEE UDAY KADAM)
Designated Judge under
of The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 05/01/2024
Signed by HHJ on
: 05/01/2024
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Order on BA No.1067/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
06.01.2024 at 10.26 a.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
05.01.2024
Judgment /Order signed by P.O. on
05.01.2024
Judgment/Order uploaded on
06.01.2024