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Order on BA No.629/24
MHCC020041552024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.629 OF 2024
IN
C.R. No.83 of 2022
Manoj Champaklal Shah
Age : 72 years,
Residing at 401, Harekrishna CHS,
P. M. Road, Vile Parle (E), Mumbai.
(presently at Taloja Central Prison)
]
]
]
] Applicant/
]… Accused
Versus
The State of Maharashtra
(Through EOW, Mumbai)
]
]… Respondent
Appearances:Ld. Advocate Sandesh Kamble for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 16th March, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Manoj Champaklal Shah resident of Vile Parle (E), Mumbai,
under Section 439 of The Code of Criminal Procedure, 1973 for
grant of regular bail.

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2.

Order on BA No.629/24
A case being C.R. No.83 of 2022 is registered with EOW,
Mumbai (C.R. No.527/22 registered with Juhu Police Station)
against the present Applicant for the offence punishable under
Sections 406, 409, 420, 465, 467, 468, 471 r/w Section 34 of the
Indian Penal Code, 1860 (hereinafter referred as “IPC”) as well as
Sections 3, 4, 5, 8 and 13 of The Maharashtra Ownership Flats
(Regulation of the Promotion of Construction, Sale, Management
and Transfer) Act, 1963 (hereinafter referred as “MOFA Act”).

3.

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

4. Prosecution case in nutshell is as under :-
Since 2014, accused being Director of M/s. S. V. K. Project
LLP Company, by making collusion with other accused induced
various investors to invest in their project “slender” at Vileparle,
Andheri i.e. to purchase flats therein. The investors were shown
various
Government
permits
obtained
to
construct
the
apartments, brochure, plan etc. and thereby, won their trust. They
were induced to purchase flats in the project. Investors have
invested their hard earned money in the project. Applicant /
accused have received amount of Rs.11,59,81,014/- (Rupees
Eleven Crores Fifty Nine Lakhs Eighty One Thousand Fourteen
only). They have not completed the construction project and left
it half done. They have neither given flats to the purchasers nor
return the funds. Accordingly, report came to be lodged.
5.

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

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Order on BA No.629/24
On perusal of record it reveals that admittedly applicant is
6.

one of the Director of the aforesaid F.E. It is pointed out by the
Ld. Advocate for the applicant that, the applicant was a sleeping
partner. Police papers produced on record including remand
report reflects that applicant being sleeping partner has no role to
play in commission of offence i.e. the transaction between
investors and the Company. On the contrary, it reveals that the
main
accused
i.e.

Suresh
Shroff
has
accepted
all
the
responsibilities and specifically mentioned, since beginning that,
the applicant has no concern with the said transaction. He
himself has done all the transactions and amount of investment is
also transferred to his account and to the accounts of his
Companies. Applicant has no concern with the other Companies
of accused no.1.
7.

Applicant is an aged person. Ld. Advocate for the applicant
produced documents to show that the applicant is suffering from
ailments. The law is settled that the prosecution has to establish
the offence committed by the accused and he has knowledge
about the same. In this case, there is no prima facie evidence to
show overt act committed by the applicant. Thus, prima facie case
against the applicant is found to be in cloud.

8.

It is further submitted by the Ld. Advocate for the applicant
that the applicant has no criminal antecedents. He is ready to
abide any condition on grant of bail. Considering all these aspects
this Court is of the view that the application filed by the applicant
is to be allowed with certain conditions. Hence, the following
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Order on BA No.629/24
order :ORDER
1. The present Bail Application No.629 of 2024 is hereby allowed
and disposed of.

2. The applicant Manoj Champaklal Shah is hereby released on bail
in connection with C.R. No.83 of 2022 is registered with EOW,
Mumbai (C.R. No.527/22 registered with Juhu Police Station)
against the present Applicant for the offence punishable under
Sections 406, 409, 420, 465, 467, 468, 471 r/w Section 34 of the
Indian Penal Code, 1860 (hereinafter referred as “IPC”) as well as
Sections 3, 4, 5, 8 and 13 of The Maharashtra Ownership Flats
(Regulation of the Promotion of Construction, Sale, Management
and Transfer) Act, 1963 on furnishing PR bond of Rs. 50,000/(Rupees Fifty Thousand only) with one or more sureties in the
like amount.

3. The Applicant is permitted to furnish provisional cash bail of
Rs.50,000/- (Rupees Fifty Thousand only) for a period of three
months.

4. The Applicant to make surety compliance before concerned
Court.

5. The applicant shall surrender his passport before the investigating
officer within a period of one week of his release.

6. The applicant shall make himself available for interrogation by
the Investigating Officer as and when required, under written
intimation.

7. The applicant shall not leave India without prior permission of
this Court.

8. The Applicant shall not alienate any movable and immovable
property in his name or in the name of his wife/children if any,
without permission of concerned Court.

9. The Applicant shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner till the
conclusion of trial.

10. The Applicant shall furnish his contact number and residential
address to the Investigating Officer and shall keep him updated,
in case there is any change.

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Order on BA No.629/24
11. The Applicant shall attend the dates of trial regularly.

(Dictated and pronounced in the open Court.)

sd/-
Date: 16/03/2024
Mumbai
(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 16/03/2024
Signed by HHJ on
: 16/03/2024
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Order on BA No.629/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
19.03.2024 at 12.01 p.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
16.03.2024
Judgment /Order signed by P.O. on
16.03.2024
Judgment/Order uploaded on
19.03.2024