Mumbai, February 16, 2024 – Manojkumar Pralhadbhai Patel, a 56-year-old businessman from Ahmedabad, Gujarat, has been granted bail by the Sessions Court in Mumbai in connection with an alleged investment fraud case. Patel was arrested in connection with Crime No. 155/2020, registered at Malabar Hill Police Station, for offenses under Sections 406 (criminal breach of trust), 420 (cheating), 467 (forgery of valuable security), 471 (using as genuine a forged document), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.¹

The Allegations

According to the prosecution, Sameer Shah filed a complaint alleging that he was induced to invest in a “smart city” project called Adinath Vatika in Gujarat. He was initially contacted by Jigar Shah, the manager of JMPC Builtline, who claimed that the project was being developed by JMPC Builtline, JMC Infrastructure Project, and Vibrant Green Developers.

Later, Manojkumar Patel, representing JMPC Builtline, allegedly convinced Sameer Shah to invest Rs. 50,20,000 in AASMJ Infrastructure Developers LLP, promising him a partnership. A partnership deed was prepared between Patel and another individual, but Sameer Shah was not included. Shah later discovered that JMPC project company did not exist, and he had been removed from AASMJ Infrastructure.

Patel’s Defense and Arguments

Advocate Tejpratap Singh, representing Patel, argued that his client was innocent and falsely implicated. He stated that Patel had been arrested on December 19, 2023, and had undergone custodial interrogation. He emphasized that nothing was to be recovered from Patel’s possession and that he was a permanent resident of his given address.

Prosecution’s Objections

Additional Public Prosecutor (APP) Iqbal Solkar and Advocate Grishma Lad, representing the intervenor, opposed the bail application. They argued that the investigation was ongoing, and there was a risk of Patel fleeing, threatening witnesses, and tampering with evidence if released.

Court’s Observations and Decision

Additional Sessions Judge Rajesh A. Sasne, presiding over the case, noted that Patel allegedly acted as an agent of Jigar Shah and that funds from the complainant were credited to Patel’s account. The court also acknowledged the intervenor’s concerns regarding the merits of the case.

However, the court observed that Patel had been in custody since December 19, 2023, and sufficient time had been given to the investigating officer to make recoveries. With no significant progress in recoveries and considering the lengthy pre-trial detention, the court decided to grant bail, subject to conditions.

“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,” Judge Sasne stated in the order.

Bail Conditions

Patel was granted bail on a personal bond and surety bond of Rs. 30,000 with one or two sureties. The court imposed the following conditions:

• Patel must not tamper with prosecution witnesses or evidence.
• He must regularly attend the concerned police station on the 1st and 4th Saturday of every month between 11:00 AM and 2:00 PM until the charge sheet is filed.
• A provisional cash bail of the same amount was allowed, with Patel required to furnish sureties within four weeks of his release, failing which the cash bail would be forfeited.
• He must not leave India without prior permission from the court.
• The bail process will be completed before the concerned Magistrate.

The court’s decision reflects a consideration of the length of pre-trial detention, the progress of the investigation, and the need to balance the accused’s rights with the interests of justice. The conditions imposed aim to ensure Patel’s cooperation with the ongoing investigation and prevent any interference with the judicial process.