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Order on BA No.844/24
MHCC020054112024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.844 OF 2024
IN
C.R. No.65 of 2023
Romin Chandrakant Chheda
]
Age : 42 years, Occ : Business
]
Residing at 2101-2102, Kent Garden CHSL,
]
TPS Road, Next to BES College, Borivali (W),
]
Mumbai-400092.
]
(At present in Judicial Custody and lodged at Arthur ] Applicant/
Road Central Prison)
]… Accused
Versus
The State of Maharashtra
(Through Nagpada Police Station)
]
]… Respondent
Appearances:Ld. Advocate Rizwan Marchant for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 19th April, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Romin Chandrakant Chheda resident of Borivali (W), Mumbai,
under Section 439 of The Code of Criminal Procedure, 1973 for
grant of regular bail.

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2.

Order on BA No.844/24
A case being C.R. No.65 of 2023 registered with EOW, Mumbai
(F.I.R. No.0929 of 2023 registered with Nagpada Police Station)
against the present Applicant for the offence punishable under
Sections 218, 418, 465, 467, 468, 471, r/w Sections 34, 120-B of
the Indian Penal Code, 1860 (hereinafter referred as “IPC”).

3.

Application is resisted by the Prosecution by filing its say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
During Covid-19 upsurge in 2021, the Municipal Corporation
of Greater Mumbai (hereinafter referred as ‘M.C.G.M.) approved
two (2) tenders in favour of applicant for installation of oxygen
generation plants. Out of these two (2) tenders for installation of
oxygen generation plants, one was for installation at nine (9)
M.C.G.M. Hospitals and other was for installation at Jumbo Covid
Centers and the contractor had to complete the installation work
of the oxygen generation plants within thirty (30) days at the site
hand over to the contractor. As per the tender conditions the
oxygen generation plants were not commissioned within thirty
(30) days and therefore a penalty of Rs.3,16,32,426/- (Rupees
Three Crores Sixteen Lakhs Thirty Two Thousand Four Hundred
Twenty Six only) was levied. Subsequent to the completion of
installation the applicant’s firm delivered the oxygen generation
plant to the respective hospitals by way of handing over and
taking over report. It is alleged that the said report was not
signed by the Designated Authorities with dates except for three
MCGM hospitals and therefore, the oxygen generation plant was
not completed prior to 01.09.2021 and it was completed during
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Order on BA No.844/24
October 2021, but to reduce penalty forged documents were
prepared without putting dates on it. Thereby, huge financial
scam is done by the applicant by making collusion with other
accused who may be the authorities of MCGM or of hospitals.
5.

Heard the Ld. Advocate for the Applicant, Ld. SPP for the
Prosecution, Investigating Officer and Ld. Advocate for the first
informant / intervenor.

6.

On perusal of record, it reveals that this is a successive bail
application filed by the applicant, after filing of charge-sheet.
Earlier bail application filed by the applicant before charge-sheet
was rejected on merit, considering prima facie concern of the
applicant with alleged economic offence. Now, admittedly,
charge-sheet has been filed and thereby, investigation against the
applicant is complete. According to prosecution, other accused
also revealed during investigation. Law is settled to that effect
that, the accused cannot be languished behind bar for securing
presence of other accused. In this case, according to prosecution,
officials of Municipal Corporation of Greater Mumbai are
proposed accused. Investigation in that regard is going on.

7.

Basic allegations against the applicant is that, he duped the
amount towards penalty to the tune of Rs.6 Crores. All the
relevant documents regarding contract of oxygen generation
plant were seized during the investigation. Thus, except the
alleged recovery of penalty amount, there is nothing to be
recovered or discovered from the applicant. That would be the
subject matter of full fledged trial. Applicant is behind bar since
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Order on BA No.844/24
24.11.2023. On these background, it is clear that no purpose will
be served by languishing him behind bar for uncertain period.
8.

It is submitted by the Ld. Advocate for the applicant that the
applicant has no criminal antecedents. He is ready to abide any
condition on grant of bail. He is local resident and will not flee
away from justice. He will co-operate the investigation.
Considering all these aspects this Court is of the view that the
application filed by the applicant is to be allowed with certain
conditions. Hence, the following order :ORDER
1. The present Bail Application No.844 of 2024 is hereby allowed
and disposed of.

2. The applicant Romin Chandrakant Chheda is hereby released on
bail in connection with C.R. No.65 of 2023 registered with EOW,
Mumbai (F.I.R. No.0929 of 2023 registered with Nagpada Police
Station) against the present Applicant for the offence punishable
under Sections 218, 418, 465, 467, 468, 471, r/w Sections 34,
120-B of the Indian Penal Code, 1860 on furnishing PR bond of
Rs. 5,00,000/- (Rupees Five Lakhs only) with one or more
sureties in the like amount.

3. The Applicant is permitted to furnish provisional cash bail of Rs.

5,00,000/- (Rupees Five Lakhs only) for a period of three months.

4. The Applicant to make surety compliance before concerned
Court.

5. The applicant shall surrender his passport before the investigating
officer within a period of one week of his release.

6. That the applicant shall make himself available for interrogation
by the Investigating Officer as and when required, under written
intimation.

7. The applicant shall not leave India without prior permission of
this Court.

8. The Applicant shall not alienate any movable and immovable
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Order on BA No.844/24
property in his name or in the name of his wife/children if any,
without permission of this Court.
9. The Applicant shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner till the
conclusion of trial.

10. The Applicant shall furnish his contact number and residential
address to the Investigating Officer and shall keep him updated,
in case there is any change.

11. The Applicant shall attend the dates of trial regularly.

(Dictated and pronounced in the open Court.)
Digitally signed
by ADITEE
UDAY KADAM
Date: 2024.04.20
11:23:47 +0530
Date: 19/04/2024
Mumbai
(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 19/04/2024
Signed by HHJ on
: 19/04/2024
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Order on BA No.844/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
20.04.2024 at 11.16 a.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
19.04.2024
Judgment /Order signed by P.O. on
19.04.2024
Judgment/Order uploaded on
20.04.2024