MHCC020025652024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No. 370 of 2024
Sohansingh Narsingh Rajpurohit
Age :- 41 Years, Occ: Business
R/at Flat No.404, A-wing, Vinit
Building, Plot No.E-17, Sector-9,
Near D-mart, Airoli,
Navi Mumbai 400708
…Applicant/accused No.5
Versus
The State of Maharashtra, At the
instance of Cuffe Parade Police
Station, Mumbai.
(In Crime No.256 of 2023)
…Respondent/Prosecution
Hemant Vardichand Jain
Trustee of Shree Shwetamber
Terapathi Samithi
Age 55 years, Occ: Business
R/at Flat No.503/504, Building
No.4, Flower Valley, Thane (W),
Thane – 400602.

..Intervener/Org. Complainant
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 26.02.2024 & 28.02.2024
Decided on : 28.02.2024
Appearance:
Adv. Mr. Shivaji K. Farakate for applicant/Accused No.5
Addl. P. P. Mr. Ajit Chavan for State/respondent.
Adv. Mr. Rohan Waghmare for intervenor/original complainant.

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Cri.B.A.370-2023
ORDER
(Dictated and pronounced in open court)
This is the first bail application before this court, after filing of
chargesheet, under Section 439 of Code of Criminal Procedure, 1973 (“CrPC”
in short) for regular bail in connection with C.R. No. 256 of 2023, registered
with Cuffe Parade Police Station, Mumbai for the offences punishable under
sections 409, 420, 421, 465, 467, 468, 471, 477, r/w section 34 of the Indian
Penal Code, 1860 (“IPC” in short).
2.

Perused application and reply filed by prosecution. Heard both
sides extensively.
3.

It has been alleged that informant is a trustee of registered Trust
namely Shree Jain Swetamber Terapath Samithi, Airoli, New Mumbai
(hereinafter referred as ‘the Trust’). It has been alleged by the informant that
in the year 2018 on advise of applicant, the Trust had opened bank account
in Punjab National Bank, Colaba Branch, Mumbai (‘the Bank’ in short). The
Trust invested some amount in two Fixed Deposit (FD in short), (1)
Rs.15,01,000/- and
(2) Rs.75,00,000/-. After maturity, FD’s were again
renewed for further period.
4.

It is alleged that when the informant tried to get statement of
account of both FDs, the Branch Manager namely Ravi Kumar delayed the
same. Ultimately, when details were provided, informant was shocked to see
that amount of both the FDs were diverted into the loan account of accused
Sohansingh. It is further alleged that the original FD (receipts) were with the
Trust itself, however by fabricating false FD receipts, loan was disbursed to
present applicant on security of the FD’s of the Trust. Then for satisfaction of
the loan, amount of both FD are used. Ultimately, informant lodged FIR for
aforesaid cheating and fabrication.

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5.

Cri.B.A.370-2023
The present applicant is alleged to a person at whose instance Trust
had open account in Punjab National Bank Colaba Branch, Mumbai. Thus,
applicant was aware about FDs of the Trust and he is alleged to have misused
this information to obtain loan from the Bank in connivance with the Bank
employees.
6.

Mr. Shivaji K. Farakate the learned advocate for applicant submits
that on going through entire chargesheet, nowhere it reveals that applicant is
beneficiary of alleged loan amount. On the contrary, it is prosecution version
that amount of loan sanctioned to applicant, was immediately remitted to
account of Amish Shah and other accounts. Amish Shah has further
transferred said amount in different accounts. He further submits that
applicant is made a scapegoat despite having no nexus with alleged offence.
7.

The learned advocate for applicant further submits that applicant
was having saving account and loan accounts with the Bank, therefore the
Bank was aware about the KYC of applicant. He submits that at that time of
sanctioning demand loan in the year 2020, bank ought to have verified
details of applicant. He submits that bank seems to sanctioned loan behind
back of applicant. He vehemently submits that no loan application was ever
made by applicant. The applicant is not aware who is Amish Shah, Pritesh
Zaveri, etc. He is completely unaware as to why amount was credited in his
loan amount was en-block transferred into the account of Amish Shah. There
is nothing on record to incriminate present applicant.
8.

Adv. Farakate vehemently submits that no notice, as claimed by
Ravi Kumar, was ever received by applicant regarding overdue loan account.
He further points out a discrepancy that if loan was sanctioned to applicant in
his personal capacity, the then why loan documents reflects the stamp of the
Trust. This in itself is suspicious. He ultimately submits that applicant is
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Cri.B.A.370-2023
behind bars since last more than four months. Investigation is already
completed and hence applicant be released on bail.
9.

Per contra Ld APP Shri Ajit Chavan strongly objects the application
by filing reply. He submits that present applicant is a person at whose
instance account of trust was opened in the Bank. He was aware about FD of
the Trust. Applicant has fraudulently given his own mobile number and name
as a contact person for the Trust. Ld. APP further submits that it is the
conspiracy between present applicant, c0-accused Raju Saxena and Amish
Shah etc. which led present offence.
10.

The learned APP further submits that subsequent Branch Manager
namely Ravi Kumar has intimated present applicant about overdue loan
account. He had personally visited the applicant. The photographs which
were taken at that time are also placed on record. Still applicant did not clear
the overdue loan. Therefore, the Branch Manager as per rule foreclosed loan
account of the applicant by encashing the security i.e. FD’s.
11.

Ld. APP further submits that during investigation connivance
between all the accused is surfaced. He submits that there is strong prima
facie material against applicant and therefore bail may not be granted to
applicant. He ultimately prays to reject bail application.
12.

Investigating Officer P.I. Mr. Salunkhe is present. He submits that
he tried to reach co-accused Amish Shah, however he is changing his
locations. Soon he would be apprehended. Mr. Salunkhe further points out
that telephonic call detail chart annexed with chargesheet and submits that
the call details received from mobile operating companies revealed that there
was communication between present applicant and co-accused Saxena. So
also there was communication between present applicant and Amish Shah.

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Cri.B.A.370-2023
The CDR details are sought from telephone companies, however yet CDR
report is not received, same is in process. He ultimately, prays to reject bail
application.
The learned advocate for intervenor adopted submission of learned
13.

APP and further adds that till date amount of FD is not reverted into the
account of the Trust. He submits that original FD papers/receipts are with the
Trust and as such this is clear cut case of cheating and forgery. He ultimately,
prays to reject bail application.
Considering the submissions advanced and from the Chargesheet,
14.

prima facie certain admitted position emerges as under:
I.

The Trust had open account with the Bank (Punjab National Bank,
Colaba Branch) in the year 2018 and certain amounts were kept in
two Fds.

II.

The applicant and Trustee were knowing each other since long
time and account in the bank of PNB was opened on advised of
applicant.

III. The applicant was having saving account as well as loan account
with Colaba Branch of the Bank.
IV. Admittedly name and mobile number of applicant as contact
person was given in account opening form of the Trust.
V.

Sohansingh was aware of fact of investment of trust in FD account.

VI. Both he FD’s were renewed from time to time.
VII. Rajiv Saxena was Chief Manager at Punjab National Bank, Colaba
Branch, Mumbai from 2018 to August-2021.
VIII. Sohansingh demanded loan to the tune of Rs.96,32,200/- and
same was sanctioned to against security of 2 FDs of the Trust.
IX. The amount of loan was overdue and therefore subsequent
Manager
Mr.

Ravi
Kumar
transferred
aforesaid
amount
Rs.1,07,80,070/-,
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Rs.56,950/-
into
the
loan
Cri.B.A.370-2023
account
of
Sohamsingh.
X.

The amount were received by Sohamsingh by way of demand loan
and was further transferred into saving account of absconding
accused Amish Shah and it was further transferred in to the Car
loan account of Amish Shah and Pritesh Zaveri.

XI. Investigation with respect to present applicant and Sohamsingh is
completed and chargesheet is filed.
XII. Co-accused Amish Shah and Pritesh Zaveri are yet not arrested.

15.

From the aforesaid undisputed facts prima facie it can be gathered
that applicant was aware about FD of trust. His mobile number was attached
to bank account of trust. Admittedly, the amount of demand loan was
transferred in loan account of the applicant. It is difficult to believe that he
was not aware about it. It is improbable that applicant would not know the
transaction in his bank account. It further appears that Manager Ravi Kumar
had approached applicant before foreclosing the loan account of the
applicant. He was made aware about overdue loan amount. There are
photographs of visit of Ravi Kumar to the applicant.
16.

Thus, circumstances do reveal active participation of applicant in
the entire episode of forgery and cheating. FD amounts of the True was
transferred in overdue account of the applicant. Said amount was further
immediately transferred into the account of Amish Shah. This further leads to
show connivance between the applicant and co-accused. Investigation with
respect to relationship between Amish Shah and present applicant is yet to
complete. There seems to have phone calls between the present applicant
and Amish Shah. That again raises doubt on the stand of the accused that, ‘he
don’t know who is Amish Shah’. Though it appears that applicant is not
directly benefited, however it does not dilute prosecution case with respect to
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active participation of applicant in cheating and fabrication.
17.

Cri.B.A.370-2023
Admittedly, some co-accused are still absconding and investigation
against them is still going on. The filing chargesheet buttresses allegation of
prosecution. Case being based on documentary evidence is strong enough to
decline the bail. There is cheating of more than Rs. One crore involved in the
matter. Hence, ultimately I am of the view that applicant having played
leading role in the alleged offence, he is not entitled for bail. Hence, I pass
following order.
ORDER
The Criminal Bail Application No. 370 of 2023 stands rejected and
disposed of accordingly.

Date : 28-02-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 28-02-2024
: 29-02-2024 & 01.03.2024
:02-03-2024
: 02-03-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.370-2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
02-03-2024 at 04:30p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
(As per Roznama dated 05.03.2024 order is re-uploaded)
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 28-02-2024
JUDGMENT/ORDER signed by P. O. on
02-03-2024
JUDGMENT/ORDER uploaded on
02-03-2024
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Cri.B.A.370-2023