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B.A. 918/24
MHCC020057972024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 918 OF 2024
Bharat Deepak Chavan
R/at. 23/1, Kamala Goswami Chawl,
Ali yawar Jung Marg, Near Teachers
Colony, Siddharth Nagar, Mumbai – 400 074
… Applicant
– Versus The State of Maharashtra
(At the instance of West Region, Cyber Police Station,
vide Cr. No. 64/2024 )
… Respondent
Appearance :Mr. Sunny A. Singh, Advocate for the applicant.
Mr. Iqbal Solkar, APP. for the respondent.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 23/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No. 64/24 registered with West Region, Cyber Police Station,
Mumbai for the commission of offences punishable u/sec. 419, 420,
465, 467, 468, 471, 120 (B) of the Indian Penal Code, 1860 and Sec. 66
(C), 66 (D) of the Information Technology Act, 2000.
2.

It is the contention of the applicant that, he is innocent and
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falsely implicated in the present case. He is arrested on 19.03.2024 . 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 was not responsible for the
financial transaction in bank account. The main accused has made him
scapegoat. 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.2. If the accused is released on bail it will affect the collection
of evidence. The investigation is not completed therefore if the accused
is released on bail there are chances of flee from justice. If 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 and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that, one Mr. Gaurav Wadikar
lodged report stating that, he received messages on Whatsapp to join
the Whatsapp group related to Share Trading. He was asked to
download GSIN Application. He was induced to open an account in the
said application software and transfer amounts to the various bank
accounts. The balance and returns accrued on the investment were
shown to his account but when he tried to withdrawn the amount, he
was directed to deposit the amount against the taxes. At last, it was
revealed that the accused by such inducement, cheated and duped the
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B.A. 918/24
informant for Rs. 22,44,945/-. The report was lodged and investigation
is proceeded.
6.

During the course of investigation, it was revealed that the
amounts transferred from the account of the informant were deposited
and credited in various bank accounts. Out of said amount Rs.
8,00,000/- have been credited in the account of Ishwari Traders Pvt Ltd.
The applicant is one of the director of the said company. Accordingly the
applicant is arrested.
7.

It is revealed that, the applicant alongwith Anil Bhagat
made this offence. The applicant started forged company and opened
bank account of the said company. The handed over said account to
accused Ajit to use it for forged transactions. It is revealed that, amount
of Rs. 8,00,000/- have been transferred in the said bank account of the
applicant’s company Ishwari Traders. The Applicant has accepted
commission of Rs. 30,000/- for allowing to use said bank account for
cyber fraud. It is also revealed that, in the said bank account there are
huge transactions of Rs. 10,76,84,371/-. All these facts show that, the
accused knowingly participated in said crime of cyber fraud. The
Investigation Officer has shown certain documents obtained during
investigation, which show that the applicant is authorised person in
respect of said banking transactions of Ishwari Traders. Therefore, it
appears that, the applicant has actively participated in the crime.
8.

Ld. Adv for the applicant has relied upon judgement in Gagan
Harsh Sharma V/s. The State of Maharashtra ( Criminal W.P. No.
4361/2018 decided on 26.10.2018 by the Hon’ble Bombay High Court).
Wherein the accused was alleged to have committed offence Under Sec.

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408, 420 of IPC and Sec. 43, 65, 66 of I.T. Act, 2000. It was held that,
the ingredients of an offences under which are attracted by invoking
and applying Sec. 420, 408, 379 of the Indian Penal Code are covered
by Sec. 66 of the Information Technology Act, 2000. I have also gone
through the judgment of full bench of Hon’ble Bombay High Court in
Awadhesh Kumar Parasnath Pathak V/s. State of Maharashtra and
another (Criminal Application No. 2562/2009) decided on 19.4.2024.
Wherein it is held that, while the Information Technology Act, 2000 is
special Act for addressing cyber crimes and has an overriding effect, it
does not preclude the application of IPC in cases were the offences are
not adequately addressed under IT Act. In case before me, there are
allegations of forgery, cheating and also there is case of criminal breach
of trust. The accused did not return the amount shown as invested in
the account of the informant. Under the circumstances as investigation
is in progress, at this stage release of accused will hamper the
investigation. There are chances that, the accused may tamper with the
prosecution evidence.

Charge-sheet is not yet filed. The scope of
investigation is large as offence is a cyber fraud. Therefore at this initial
stage the applicant is not entitled to released on bail. Hence, I pass the
following order : –
ORDER
Criminal Bail Application No. 918 of 2024 is rejected and
disposed off accordingly.

Date : 23.04.2024
Direct dictated on PC : 23.04.2024
Signed by HHJ on
: 24.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
29.04.2024
06.00 p.m.

UPLOAD DATE
TIME
Sachin
NAME OF TYPIST
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
SASNE
Court Room No. 30.
Date of Pronouncement of ORDER 23.04.2024
ORDER signed by P.O. on
24.04.2024
ORDER uploaded on
29.04.2024