CRI. BA 374/2024
1
ORDER
MHCC020025752024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 374 OF 2024
( CNR NO.: MHCC02-002575-2024 )
Dhawal Kiran Shah
Age:-39 years, Occ:- Business
Residing at:-Flat No.4, Madhushree
Apartment, Patil Lane No.3, Near
Poddar House, College Road,
Nashik:-422 005
V/s.
The State of Maharashtra
(At the instance of Park Site Police
Station in their C.R.No. 801/2023)
…Applicant
…Respondent
Appearance:Ld. Adv. Mohite a/w. Ld. Adv.Jadhav 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 Ambulkar for the intervener/first informant.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 02.04.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
CRI. BA 374/2024
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ORDER
connection with the crime vide C.R. No. 801 of 2023 dated 26.12.2023
registered with respondent/state for the offences punishable under
Sections 406, 419, 420, 465, 468, 471 r/w.34 of the Indian Penal Code.
2.

The respondent/state and intervenor have strongly opposed
to the bail plea of the applicant on various grounds by filing their
written say/submission at Exh-11.
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. Heard Ld.
Advocate for the applicant, Ld. Advocate for the intervener and the Ld.
S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions objections coupled with the record
material availed by it prima-facie inclined the impugned crime raised by
the informant Nimesh Balwantrai Dani against the applicant and coaccused Vaishali Manjrekar. The pre-arrest bail plea raised by the
applicant by Anticipatory Bail Application No.15 of 2o24 is pleased to
rejected by order dated 09.01.2024. Thereon, he is arrested on
21.01.2024. His bail plea raised before the Ld. Trial Court prior to
submission of charge-sheet by Bail Application No.219 of 2024 is
pleased to rejected by the Ld. Trial Court on 06.02.2024 principally on
the ground the record reflects white collar committed the serious in
natures economic crime. Against him similar in natures crimes
registered in Maharashtra and other State and strong possibility of
tampering of evidence. Thereon, 19.03.2024 the charge-sheet has been
CRI. BA 374/2024
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ORDER
submitted. However, prior to that the applicant has raised the bail plea
before this court on 16.02.2024 principally on the ground that he is
falsely implicated in alleged crime. The FIR itself indicates there was
pure transaction of supplying/selling of stationery. The same is duly
complied by him and in lieu of that he has received bill amount of said
material. The concern person Atul Modi by conspired with informant
and others registered false crime. In fact, the co-accused Vaishali
Manjrekar was responsible for alleged transaction in between informant
and her. Moreover, only due to strict condition of said co-accused the
alleged material purchased through New Bharat Cylinder LLP in view of
comply the work order. The substantial material allegations just levelled
against the co-accused and her companion. Now substantial material
facts circumstances are already investigated. The charge-sheet is also
submitted on 19.03.2024. No any default committed by the applicant in
regard to concern contractual obligation saddled on him. In that regard
necessary concern documents are there. The investigation machinery
has failed to detect and arrest the co-accused. With regard to the
dispute arise in between him and informant civil litigations are already
raised and subjudiced before the civil court. Thereby, prima-facie
transpired about the nature of alleged transactions which would come
under the civil litigation, however, colour of criminality given. He also
raised general grounds.
5.

The respondent/state
and
intervenor/informant
have
vehemently opposed to the bail plea of applicant principally on the
ground that though the impugned crime raised on 26.12.2023.
However, thereupon, he was absconded. His pre-arrest bail plea is
pleased to rejected. Thereon, he detected on 21.01.2024. Thereby,
CRI. BA 374/2024
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ORDER
arrested to him. The co-accused and companion of applicant Vaishali
Manjrekar is still absconded. The co-accused and applicant by conspired
and taking disadvantage the post of co-accused pre-planned committed
the impugned crime. Their most material contractual condition and
obligation was there to purchase the articles/materials of work order
only from the applicant. Moreover, they both by instigated lured
cheated to the informant and others in view of having the contracts of
supplying materials to government of centralized territory Goa. In
regard to said contract matter they have prepared false fabricated
dubious forged documents receipts challans and other record by
submitting the same to informant and others. On relying it they have
compelled to the informant and other to disburse the amount of
Rs.3,26,78,997/- through the New Bharat Cylinder LLP Private Ltd. The
entire amount is received by the applicant in his bank account and then
immediately diverted routed siphoned off, in his other bank account
and misappropriated by them. In that regard exhaustive investigation is
completed. While it sufficient strong considerable cogent reliable
evidence is availed. The applicant is not innocent. He has grabbed huge
amount by committing serious in natures economic crime with the help
and conspiracy with co-accused. Against him other two similar in
natures crime are also registered. In such eventualities he does not
deserve to have relief sought. The intervener/informant has reiterated
the entire objections raised by the respondent/state. They also raised
general objections.
6.

In above such circumstance cautiously considered the
entire record material availed and raised rival submissions by them
prima-facie inclined the applicant and co-accused are involved in
CRI. BA 374/2024
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ORDER
impugned crime. Against them raised the allegations that they both by
conspired committed the impugned serious in natures economic crime.
The co-accused Vaishali Manjrekar was deputed on the post of
Superintendent of Kendriya Bhandar Goa by taking disadvantage of her
post, she had uploaded the false information regarding tender notice of
contract for supplying 17 articles to the Kendriya Bhandar Goa. Upon
contacted by the bidders for the same, she had put strict condition to
purchase the said article/material from the applicant. It was allegedly
prima condition from the co-accused. Whereby allegedly the work order
of supplying said article occurred. The informant was unable to comply
the said order. Thereby, he complied the said work order through the
company namely New Bharat Cylinders LLP which was in tune of
Rs.3,24,78,987/- and the payment of said work order excluding GST
disbursed by them to applicant in his bank account. However, the
applicant did not deliver any article but, both the accused have
prepared fabricated forged, dubious, false documents. Allegedly, the
entire disbursed amount immediately get siphoned off routed
transferred by him in his other bank account and then misappropriated.
Similarly three economic crimes are raised against the applicant and coaccused. Still the co-accused Vaishali Manjrekar is absconded. Though
the various bank accounts of applicant is freezed. However, wherein
nothing remained. Further, cautiously going through the documents
statements record material enclosed with the charge-sheet prima-facie
inclined with regard to the specific by route dishonest malafide
intention of applicant and co-accused to commit the impugned serious
in natures economic crime, reliable considerable appreciable material
evidence is availed. The statements of 21 witnesses prima-facie
clarifying about the clear dishonest intention pre-plan and by making
CRI. BA 374/2024
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ORDER
criminal conspiracy to grab the huge amount of informant and other by
taking disadvantage of the post of co-accused. As per record material
availed with charge-sheet prima-facie clarifying about style manner
modus conduct of applicant and co-accused to commit serious in
natures economic crime. Not only that similar in natures economic
crime committed by the duo with the other victims and in that regard
distinct FIRs in other districts and state also have been recorded.
Though the applicant has raised the material plea submissions that,
there was just contractual obligation of compliance of work order of
supplying certain articles/material to Kendriya Bhandar Goa which is
duly complied by the applicant and in lieu of that he has received the
said amount. Thereby, the same comes under the purview of civil
litigation. In the said ground prima-facie does not indicate reflecting
justified substance force. The factum of siphoned off routed diverted
amount clarifying through the bank records which is part of final report.
In that regard nothing considerable appreciable justifiable explanation
submitted from the applicant. Thus, in such eventualities as certainly
the sufficient considerable appreciable cognizable material documents
record evidence is availed with regard to involvement active
participation and attribution of specific role by the applicant. In the
circumstance it is my considered view and opinion that though the
investigation is completed and charge-sheet is submitted. However, he
does not deserve for the liberty. Hence, the present application devoids
of merit and deserves to be declined. With this passed the following
order.

CRI. BA 374/2024
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ORDER
:ORDER:
1.

The present Bail Application No.374 of 2024 is hereby rejected
and disposed of accordingly.
2.

The respondent/state to take note of this order.
Dictated and pronounced in open court
Sd/(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 02.04.2024
: 03.04.2024
: 04.04.2024
CRI. BA 374/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04/04/2024, 3.15 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
02.04.2024
Order signed by P.O. on
04.04.2024
Order uploaded on
04.04.2024