1
B.A. 594-2024
MHCC020039852024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.594 OF 2024
Manoj Kupindar Pawar
Age 43 years, Occ : Self Employed,
Residing at Room No.5, Chawl No.8,
Indira Nagar, Mahul Road, Vashi,
Chembur, Mumbai 400074.

… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID – Property Cell
vide CR.No. 74/2023)
(corresponding C.R.No.689/2023,
Chembur Police Station)
… Respondent
Appearance :Advocate Amrish Salunke for the applicant.
A.P.P. Manjushree for the respondent / State.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 13/03/2024
ORDER
This is application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No. 74/2023 registered with DCB CID Property Cell Mumbai
(corresponding C.R.No.689/2023, Chembur Police Station) for the
commission of offences punishable u/sec.170, 171, 419, 420, 465, 466,
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B.A. 594-2024
468, 506, 34 of the Indian Penal Code,1860.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 26.11.2023, He has fully co-operated to the investigating officer.
The applicant has deep roots in Society. He has undergone custodial
interrogation. Nothing is to be seized or recovered from the possession
of the accused. The applicant / accused is permanent resident of his
given address. Therefore, there is no point in keeping accused behind
bars till conclusion of trial. Therefore, he prayed for releasing him on
bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material evidence against the applicant / accused. If accused is released
on bail he will flee away from the justice. There is material evidence to
show the involvement of the accused in the present crime. If the
accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, and ld. APP for the State.
5.

It is the case of the prosecution that one Mr. Vinay Vishnu
Jadhav lodged report that in the year 2019 he came in contact with the
applicant / accused. At that time accused informed him that Mr. Ganesh
Chavan is IPS officer and relative of the applicant / accused. He also
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B.A. 594-2024
informed that said Ganesh Chavan is working as under cover officer. He
introduced the informant with the said Ganesh Chavan, they exchanged
mobile numbers of each other. The applicant Manoj and said officer
Ganesh Chavan informed the informant that one Mr. Suresh Chavan is
cousin brother of Ganesh Chavan and said Suresh Chavan is working as
IFS. The applicant and said Ganesh Chavan informed to the informant
that many IAS and IPS officers are in contact with them and Ganesh
Chavan will help for any work with the central government department.
In the month of January 2021 the informant received phone call of
Ganesh Chavan, said Ganesh Chavan informed him that he can do any
work pending with central government and also he can do any work
related to transfer of police officers. He asked the informant to meet
him at D.G. Office Mumbai, when reached there Ganesh Chavan
informed him that he has proceeded to Vashi with his senior officers. He
asked the informant to meet him at Vashi. When the informant reached
at Vashi, said Ganesh Chavan alighted from Honda City Car. Said car
bears name plate of Government of Maharashtra. The applicant Manoj
also came there. It was noticed by the informant that the profile picture
of WhatsApp of Ganesh Chavan was having emblem (logo) of NIA. On
Linked In profile bears his photo and emblem of IPS.
6.

Mr. Manoj Chavan stated to the informant that one Rajesh
Chaturvedi was the director in Allahabad Bank and he is interested to
work as a director in Bank of Baroda. At that time the informant stated
to said Manoj Chavan that said Ganesh Chavan is IPS officer and he will
help for the said work. Accordingly the informant asked Ganesh
Chavan, that whether he can help for the appointment of director in
Bank of Baroda. At that time Ganesh Chavan consented for the same
and asked the informant to meet him at Vashi. Accordingly, in the
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B.A. 594-2024
month of February 2021 the informant, Mahesh Chavan met at one
hotel at Vashi. He assured that he will help for the said appointment as
director at Bank of Baroda.
7.

After few days said Ganesh Chavan made phone call to the
informant and demanded Rs.1 crore for the said appointment as
director at Bank of Baroda. The informant further informed about the
said demand to Mahesh Chavan. When Mahesh Chavan stated about his
inability to pay such huge amount, Ganesh Chavan again called them to
meet at Vasundhara Hotel, Vashi, he assured that said appointment as
director will be made. It was agreed to pay 90 lakhs after the work is
done.
8.

In the month of March 2021 Ganesh Chavan approached
to Rajesh Chaturvedi, they exchanged their mobile numbers. Rajesh
Chaturvedi was assured about the work of his appointment as director.
On 7.5.2021 Ganesh Chavan demanded Rs.25,000/- for the work of
Rajesh Chaturvedi. Accordingly informant deposited Rs.25,000/- in the
bank account as per the demand of Ganesh Chavan. Thereafter Ganesh
Chavan demanded Rs.15,000/-. On 25.5.2021 Mahesh Chavan handed
over Rs.5 lakhs to the informant directing informant to pay the same to
Ganesh Chavan. Accordingly, informant paid Rs.5 lakhs to Ganesh
Chavan. The applicant Manoj was also present there. The applicant
informed to trust Ganesh Chavan and to pay the demanded amount to
him. On the same date Mahesh Chavan transferred Rs.2 lakhs to the
account of the informant and the informant deposited said amount in
the account of H.R. Worldwide Solution as per the demand of Ganesh
Chavan. Thereafter Mahesh Chavan again transferred Rs.2 lakhs to the
informant and Mahesh Chavan transferred the same to the account of
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B.A. 594-2024
H.R. Worldwife Solution at the request of accused Ganesh Chavan.
Again Mahesh Chavan paid cash of Rs.3 lakhs to the informant and
informant paid in turn the same to Ganesh Chavan.
9.

On 6.7.2021 Rajesh Chaturvedi transferred Rs.5 lakhs in
the account of Girish Verma for making payment to accused Ganesh
Chavan. In September 2021 Ganesh Chavan forwarded photocopy of
one letter alleged to have signature of Finance Minister on Whats App
of the informant. On 22.9.2021 Ganesh Chavan demanded Rs.10 lakhs
accordingly said amount was paid by Rajesh Chaturvedi. Total amount
received by Ganesh Chavan is Rs.30,25,000/-. After some days list of
Board of Directors of Bank of Baroda was published. In the said list
there was no name of Rajesh Chaturvedi. On inquiry with Ganesh
Chavan, he informed that his name will be there in the second list. No
such second list was published and therefore it was revealed that the
informant and his associates have been cheated. Therefore, the
informant, Rajesh Chavan, Mahesh Chavan asked for the refund of
amount. It was also informed that the applicant has accepted Rs.10
lakhs, both of them refused to return the amount. They also threatened
that they will rope the informant and his associates in the criminal
prosecution. On 10.03.2023 Mahesh Chavan approached to Ganesh
Chavan with demand of return of money. He issued letter stating that he
has received Rs.30 lakhs from Mahesh Chavan and Rajesh Chavan and
he will return the same in September 2023. In spite of same no amount
was returned. It was revealed that Ganesh Chavan is not IPS officer.
Accordingly report is lodged and offence is registered.
10.

The present applicant / accused has been arrested on
26.11.2023. The role attributed to the present applicant / accused is
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B.A. 594-2024
that he introduced the informant with his relative Mr. Ganesh Chavan.
It was informed that Ganesh Chavan is IPS Officer and he will help the
informant for any work pending with the Central Government. One Mr.
Rajesh Chaturvedi approached the accused through the informant and
his friend for the work for appointment as director of Bank of Baroda.
From the report it appears that Ganesh Chavan induced the informant
and said Rajesh Chaturvedi to pay certain amount and thereafter
cheated them. The role attributed to the present applicant is not of the
main accused. The ld advocate for the applicant by relying upon the
contents of letter dated 10.03.2023 pointed out that Ganesh Chavan has
acknowledged the receipt of Rs.30 lakhs received from Mahesh Chavan
and Rajesh Chavan. Therefore, it appears that amount of fraud has been
received by accused Ganesh Chavan. The applicant appears to be not
the beneficiary of the amount of fraud. The reasons stated by the
prosecution for rejection of the present application of the applicant
Manoj Pawar are not satisfactory. Charge sheet is already filed.
Investigation is completed. The present applicant / accused has been
arrested on 26.11.2023 since then more than 3 months he is behind
bars. No criminal antecedents are reported. The present applicant /
accused can be released on bail by securing his presence with
reasonable conditions as to his attendance. Hence, in my view the
applicant is entitled to be released on bail. In the result, I pass the
following order :
ORDER
1.

Criminal Bail Application No.594 of 2024 is allowed.

2.

Applicant / Accused Manoj Kupindar Pawar arrested in
C.R.No.74/2023 (Corresponding C.R.No.689/2023 Chembur Police
Station) under Section 170,171,419,420,645,466,468,506,34 of the
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B.A. 594-2024
Indian Penal Code, registered with DCB CID Property Cell be released
on bail on furnishing P.B. and S.B. of Rs.20,000/- with one or two
sureties
3.

The applicant / accused shall not tamper with the prosecution
The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing the facts to Court or any police
officer.
4.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
5.

The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld trial court.
6.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
7.

The applicant / accused shall not leave India without prior
permission of the Court. 8] Bail before the concern Magistrate
Date : 13/03/2024
Dictated on
Transcribed on
Signed by HHJ on
: 13.03.2024
: 14.03.2024
: 19.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 594-2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
19/03/2024
3.42 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 13/03/2024
ORDER signed by P.O. on
19/03/2024
ORDER uploaded on
19/03/2024