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B.A. 316/24
MHCC020022492024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.316 OF 2024
Manojkumar Pralhadbhai Patel
Age 56 years, Occ : Business
A 1, Ground floor, Palm Grow Apartment,
Bodakdev New Sambhav Press,
Ahmedabad, Gujarat, 380 054.

….Applicant
– Versus The State of Maharashtra
(At the instance of Malabar Hill Police Station
C.R.No.155/2020 (Corresponding C.R.299/2019
Azad Maidan Police Station)
…. Respondent
Appearance :Adv. Tejpratap Singh for the Applicant/accused.
APP Iqbal Solkar for the respondent present.
Adv. Grishma Lad a/w Aishwarya Bapat for the intervenor.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 13/02/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection
with CR.No.C.R.No.155/2020 registered at Malabar Hill Police
Station Mumbai for the commission of offences punishable u/sec.

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B.A. 316/24
406, 420, 467, 471, 34 of The Indian Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
19.12.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping accused behind bars. He is a permanent resident
of his given address therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.4. The investigation is not completed therefore if the accused
is released on bail there are chances of flee from justice. 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, ld Advocate for the intervenor and ld.
APP for the State.
5.

It is the case of the prosecution that one Mr. Sameer Shah
lodged report alleging that in March 2014, he came in contact with Mr.
Jigar Shah the Manager in JMPC Builtline, Ahmedabad. He informed
that JMPC Builtline alongwith JMC Infrastructure project and Vibrant
Green Developers are developing smart city namely Adinath Vatika at
Gujarat. The informant was induced to invest the amount in the plot.
Three Memorandum of Understanding were executed. However, no
registration was made. At the demand of Jigar Shah Rs.25 lakhs were
paid by the father of the informant for medical treatment. In the year
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B.A. 316/24
2016 the applicant / accused Manojkumar Patel from JMPC Builtline
met the informant and explained the investment scheme. The
applicant / accused Manojkumar Patel proposed the informant to invest
in the development of land to earn huge profit. The applicant / accused
Manojkumar Patel also convinced that the registration process of new
company is time consuming. Therefore, he informed the informant to
invest in AASMJ Infrastructure developers LLP., wherein the applicant is
one of the director. He promised to the informant that he will be made
as partner. The informant has invested 50,20,000/-. On 22.09.2016
partnership deed was prepared between the applicant / accused
Manojkumar Patel and Mr. Bhavdeep Singh. The applicant / accused
Manojkumar Patel had transferred Rs.1 lakh to the informant from
Vibrant Green in the month of October 2016. The applicant / accused
demanded Rs.5 lakhs to the father of the informant. The informant
accordingly paid Rs.5 lakhs to the applicant/accused Manojkumar Patel.
Lateron the informant found that JMPC project company is not in
existence and the informant has resigned from AASMJ Infrastructure.
Therefore, informant lodged report. The offence is registered
u/Sec.406, 420, 467, 471 r/w 34 of IPC.
6.

The present applicant / accused Manojkumar acted as an
agent of Jigar Shah. According to the prosecution the amount paid by
the informant and witness has been credited to the account of the
applicant / accused and Anirudha Patel. In the investigation, on the
basis of bank statement of the applicant, it is revealed that amount of
Rs.5 lakhs has been transferred from the account of the informant to the
account of the applicant / accused. I have considered the ground of
rejection of bail stated in Exh.5 by the intervenor. They are related to
the merit to the case. The allegation against the applicant is that he
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B.A. 316/24
induced the informant and his father to invest the amount and
thereafter the accused cheated them. Since 19.12.2023 the applicant /
accused is behind bars. Sufficient time and opportunity is availed by the
investigating officer to make the recovery from the applicant / accused.
No progress in that regard is seen. For near about two months the
accused is behind bars. Co-accused are yet to be arrested, it can not be
ground to reject the bail of this applicant / accused. If sufficient
conditions securing his presence are imposed, the applicant / accused
will be entitled for the bail. Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.316 of 2024 is allowed.

2.

The Applicant / Accused Manojkumar Pralhadbhai Patel, arrested
in C.R.No.155/2020 under Section 406,420,467,471,34 of the Indian
Penal Code, 1860 registered with Malbar Hill Police Station, Mumbai
be released on bail on furnishing P.B. and S.B. of Rs.30,000/- with one
or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 1st and 4th Saturday of every month between 11.00 a.m. to
2.00 p.m. till filing of the charge sheet.
5.

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.
6.

The applicant / accused shall not leave India without prior
permission of the Court.

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7.

Bail before the concern Magistrate.

8.

Criminal Bail Application No.316 of 2024 is disposed of
accordingly.
Date : 13/02/2024
Dictated on
Transcribed on
Signed by HHJ on
: 13/02/2024
: 15/02/2024
: 16/02/2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 316/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
16/02/2024
12.35 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A.Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 13/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024