Mumbai, August 30, 2022 – Jagdish Gyarsimal Goud, a 42-year-old businessman, has been granted bail by the Sessions Court in Mumbai in connection with an alleged fraud involving clothing purchases. Goud was arrested in connection with Crime No. 26/2022, registered at L.T. Marg Police Station, under Sections 409 (criminal breach of trust by a public servant, or by banker, merchant or agent), 406 (criminal breach of trust), 417 (cheating), 418 (cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), 420 (cheating and dishonestly inducing delivery of property),¹ 120-B (criminal conspiracy), 411 (dishonestly receiving stolen property) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.

The Allegations

According to the complainant, who runs a clothing business under the name S&N Company, he was introduced to Ujwal Day, the owner of Max Global Impex, a garment and fabric export company, by one Iqbal Khan. Day’s company allegedly purchased clothes from the complainant but failed to pay the outstanding amount, leading to the filing of a police report. During the investigation, Goud was arrested after some of the clothes purchased by Day’s company were found in his possession.

Goud’s Defense and Arguments

Mr. Chetan Bane, the learned Advocate for Goud, argued that his client was falsely implicated in the case. He stated that Goud, a businessman and permanent resident of Mumbai, had purchased the clothes from the other accused. During the investigation, cash amounting to Rs. 5,00,000 and clothing material worth Rs. 15,37,000 were seized from Goud. He emphasized that the investigation was complete and the charge sheet had been filed before the Metropolitan Magistrate, and therefore, further custodial interrogation was unnecessary.

Prosecution’s Objections and Concerns

The Additional State Public Prosecutor (SPP), Ms. Ratnavali Patil, and the investigating officer opposed the bail application. They argued that the seized cash and clothing material, part of the misappropriated property, were found in Goud’s possession. They expressed concerns that if released on bail, Goud might dispose of the remaining property, tamper with evidence, and threaten witnesses.

Court’s Observations and Bail Grant

The Additional Sessions Judge, Shri A.A. Kulkarni, noted that there were no direct allegations against Goud regarding misappropriation or cheating. The court acknowledged that Goud had purchased the clothes from the other accused and that only a portion of the alleged property was seized from him. The court also observed that the investigation was complete and the charge sheet had been filed.

“As the investigation is completed and charge-sheet is filed. In such circumstances, there is no need of detention of applicant for indefinite period. Trial will take its own time. Till then applicant is entitled to be released on bail,” Judge Kulkarni stated in the order.

Bail Conditions

Goud was granted bail on a personal bond of Rs. 25,000 along with one or two sureties of the same amount and a cash surety of Rs. 25,000. The court imposed the following conditions:

• Goud must attend L.T. Marg Police Station when notified by the Investigating Officer.
• 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.
• The bail process will be completed before the lower court.

The court’s decision reflects a balancing of the need for further investigation with the individual’s right to liberty. The conditions imposed aim to ensure Goud’s cooperation with the ongoing judicial process while respecting his rights.