CRI. BA 478/2024
1
ORDER
MHCC020032322024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 478 OF 2024
( CNR NO.: MHCC02-003232-2024 )
MR. PRATHAMESH KUDCHADKAR
Age:- 37 years, Occ.:- Nil
Address:- Kailash Hights, B-Wing,
Room No. 1004, 10th Floor, Global City,
Agarwal Auto Stand Virar (W)
…Applicant/Org. Accused No.1
V/s.
The State of Maharashtra,
(At the instance of Vikhroli
Police Station vide C.R.No.367/2023)
…Respondent/State.
Appearance:Ld. Advocate Amit Jha for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
Ld. Advocate Aniket Yadav for the intervenor.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 03.04.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 367 of 2023 dated 18.07.2023
registered with respondent/state for the offences punishable under
Sections 406, 420 r/w.34 of the Indian Penal Code, 1860.

CRI. BA 478/2024
2.

2
ORDER
The respondent/state and intervenor have strongly opposed
to the bail plea of the applicant on various grounds by filing their
written say/submission at Exh–6 and Exh-7 respectively.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant, Ld. Advocate for the intervenor and the Ld.
S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered the raised
submissions contentions and record availed prima-facie inclined in
impugned crime the applicant and his wife namely Poonam Kudchadkar
are involved. Against them the informant Savita Damesa has raised the
allegations that the applicant and his wife contacted him on 06.07.2022
through their common friend Dyanesh Shende. While it they have given
proposal of investment of money in share market and informed upon
invested Rs.10,00,000/- , she would have get 10% profit per month and
after 11 months her entire principal amount also would return back.
Thereby, they by lured instigated prompted cheated deceived to her for
depositing initial amount Rs.10,00,000/- and subsequently, her sister
Sushila Sebastian deposited Rs.10,00,000/- in bank account of wife of
applicant. Moreover, they have executed investment agreement by as
Memorandum of Understanding (M.O.U.) in their favour. However,
lateron declined to get availed profit amount and accepted principal
amount. Thereby, raised the impugned crime.

CRI. BA 478/2024
5.

3
ORDER
The applicant has denied the entire allegations grievance
raised against him and raised the plea submission of false implication.
He vehemently submitted that considering the levelled allegations, the
alleged transaction of deposits, execution of M.O.U., certain amount
already deposited/invested, the entire alleged amount is already
secured. In such eventualities would reveal no any offence constitute
made out by any manner. However, colour of criminality given to
alleged matter. He is arrested on 25.11.2023. His raised bail plea prior
and after submission of charge-sheet is pleased to rejected by Ld. Trial
Court by unnecessarily presumed certain circumstance. The chargesheet is already submitted on 18.01.2024. No criminal antecedents
against him is there. In the circumstance only due to reason of
abscondance of co-accused could not appropriate to deny liberty to him.
He also raised general grounds.
6.

The respondent and intervenor have strongly opposed to
the bail plea of applicant principally on the ground that the applicant
and his wife themselves approached to the informant who is 79 years
old lady and by lured instigated cheated with dishonest intention get
ready to her invest/deposit her hard earned money in share market
through them. Moreover, they both have executed the document of
M.O.U. in favour of informant and her real sister/victim. They have get
transferred in all amount Rs.20,00,000/- in the bank account of coaccused the wife of applicant Poonam Kudchadkar. However, only
amount of Rs.10,00,000/- invested in share market and remaining
amount of Rs.10,00,000/- misappropriated by using the same for their
personal use. Thereby, very intention by root of applicant and his wife
co-accused itself clarifying in regard to misappropriate huge hard
CRI. BA 478/2024
4
ORDER
earned money of informant. The Ld. Trial Court has properly rejected
his bail plea prior and after submission of charge-sheet. Though the
charge-sheet is submitted. However, as against him considerable
appreciable cogent evidence is availed. Thereby, he doesn’t deserve to
have the liberty. The informant/intervenor has reiterated the same
objections. They also raised general objections.
7.

In above such eventualities, considering the entire record
material availed prima-facie would incline in impugned crime the
applicant and his wife Poonam Kudchadkar are involved. The applicant
is arrested on 25.11.2023. His bail plea raised prior and after
submission of charge-sheet is rejected by the Ld. Trial Court. The record
reveals investigation is completed and charge-sheet is submitted on
18.01.2024. Against applicant and his wife alleged that they both by
dishonest ill-intention prompted instigated to the informant for
investing her money in share market by lured and given promise to get
availed 10% profit per month and after period of 11 month the entire
invested principal amount would return back. In that regard they have
executed agreement of M.O.U. in favour of informant and victim.
However, they have just invested part amount Rs.10,00,000/- and
remaining part amount Rs.10,00,000/- misappropriated. Considering
the same and record material availed, it inclined there is no dispute
about secured the invested amount Rs.10,00,000/-. While investigation
the investigating machinery has freezed bank account of applicant and
his wife. It revealed the alleged investment amount get availed in bank
account of wife of applicant. Till now she is absconded. The
investigation machinery failed to detect, find out and arrest to her.
When the charge-sheet is already submitted against applicant on
CRI. BA 478/2024
5
ORDER
18.01.2024. Whereby, prima-facie doesn’t incline any seriously
considerable cognizable reason cause ground for further detention of
applicant for indefinite period. However, I felt in view of levelled
allegations seriousness gravity of commission of economic crime, by it
would appropriate to have liberty to him by saddling certain conditions.
Hence, I am inclined to have the liberty to applicant subject to following
conditions by him. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No.478 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant MR. PRATHAMESH KUDCHADKAR, age 37 years
residing at Kailash Hights, B-Wing, Room No. 1004, 10th Floor, Global
City, Agarwal Auto Stand Virar (West) be released on executing a P.R.
Bond of Rs.5,00,000/- (Rupees Five Lakhs Only) and furnish one or two
solvent sureties in the like amount in connection with the crime vide
C.R. No. 367 of 2023 registered with Vikhroli Police Station for the
offences punishable under Sections 406, 420 r/w.34 of the Indian Penal
Code, 1860.
b. The applicant shall not tamper or hamper the prosecution witnesses
and evidence by any manner.
c.

The applicant shall attend every date of trial without fail.

d.

The applicant shall not indulge in any criminal activity.

CRI. BA 478/2024
e.

6
ORDER
The applicant shall not leave India without prior permission of
Ld. Trial Court.
f.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
g.

The applicant to make surety compliance before Ld. Trial Court.

h.

Accordingly, inform to the Ld. Trial Court, Investigating
Officer/Vikhroli Police Station by sending copy of this order.
i.

The respondent/Vikhroli Police Station to take note of this order.

j.

The present Criminal Bail Application No. 478 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/-
Dictated on
: 03.04.2024
Directly typed on : 03.04.2024
Date of sign
: 05.04.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 478/2024
7
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
05/04/2024, 2.57 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
03.04.2024
Order signed by P.O. on
05.04.2024
Order uploaded on
05.04.2024