Mumbai, India – January 16, 2024 – Sunil Deepchand Gupta, a 45-year-old businessman, has been granted bail by a Mumbai Sessions Court in connection with an alleged Rs. 23 lakh fraud related to import-export licenses. Additional Sessions Judge A.A. Kulkarni, presiding over Court Room No. 22, granted bail in Criminal Bail Application No. 112 of 2024, citing the completion of the police investigation and the filing of a charge sheet.
Gupta was arrested by the Tilak Nagar Police Station in connection with Crime No. 696/2023, facing charges under Sections 420 (cheating) and 406 (criminal breach of trust) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal1 Code (IPC).
The Allegations and Dispute:
The case revolves around allegations that Gupta, along with others, defrauded a complainant of Rs. 23,40,218 related to 16 import-export licenses. According to the complainant, the initial communication occurred with Puneet Thakkar, who directed the complainant to deposit the money into the account of Swarna Sunil Global Export Pvt. Ltd. The complainant alleges the funds were not received.
Defense Arguments:
Gupta’s defense, led by Advocate S.D. Mishra, argued that the investigation was complete, and a charge sheet had been filed. They emphasized that Gupta had been in custody for over 60 days and was a permanent resident of Mumbai. They also contended that Gupta had not committed any offense and had, in fact, repaid Rs. 18,35,000 to Puneet Thakkar, the agent responsible for the payment to the complainant. The defense further asserted that there was no direct business connection between Gupta and the complainant.
Prosecution Objections:
The prosecution, represented by Additional Public Prosecutor (APP) J.N. Surywanshi and the investigating officer, opposed the bail application. They argued that the entire amount of Rs. 23,40,218, related to the 16 import-export licenses, was transacted by the complainant to Gupta and had not been recovered. They expressed concerns that Gupta might abscond if granted bail.
Court’s Reasoning and Decision:
Judge Kulkarni, after considering the submissions from both sides and reviewing the FIR and charge sheet, granted bail to Gupta. The court noted that the investigation was complete and the charge sheet had been filed.
“As per the contention of applicant he received amount and he repaid it accused Puneet Thakkar and accused Puneet has not paid it to informant. In such circumstance, as investigation of case is completed and charge-sheet is filed. Therefore, further detention of applicant is not required for any purpose,” Judge Kulkarni stated in his order.
The court concluded that further detention of Gupta was not required and that he could be released on bail with certain conditions.
Bail Conditions:
Gupta was granted bail on the following conditions:
- He must furnish a personal recognizance (PR) bond and surety bond of Rs. 50,000 with one or more sureties of the same amount.
- He must provide his residential address proof and contact numbers to the investigating officer.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must not leave India without prior permission from the court.
- Bail before learned court below.
Implications:
The court’s decision highlights the importance of the completion of the investigation and the filing of a charge sheet as significant factors in granting bail. It also underscores the court’s consideration of the accused’s cooperation and the absence of a flight risk. This case demonstrates the courts general practice of granting bail when the investigation has concluded.