Bombay High Court
Ketan Babubhai Rambhia vs State Of Maharashtra on 22 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:3330
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.178 OF 2024
Ketan Babubhai Rambhia .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr. Shailendra Mishra a/w Prem Tanna, Advocate for Applicant.
• Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 22nd JANUARY, 2024
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.879/2022, dated 27/08/2022, registered with
Goregaon Police Station, Mumbai, under sections 120, 120-B,
255, 256, 259, 406, 415, 418, 420, 459, 463, 468, 474, 471 r/w
34 of the Indian Penal Code.
2. Heard Mr. Shailendra Mishra, learned counsel for the
Applicant and Ms. Pallavi N. Dabholkar, learned APP for the
State.
Nesarikar
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3. The FIR is a result of the order passed u/s 156(3) of
Cr.P.C. The FIR is lodged by one Smita Dhamapurkar. Initially,
the complaint was given on her behalf on 17/02/2022 to the
Senior Inspector of Police, Goregaon Police Station, regarding
the same subject matter. The FIR mentions that the Applicant
and his father were having a provision store. They were also in
the business of finance and construction. The first informant had
received substantial amount after her retirement. She was also
in the search of a house. It is her case that the Applicant was
aware of this fact. He told her that if she invested some money
with him, he would give interest at 16% per annum and
whenever she wanted her money back, he would return the
principal amount. Based on this representation, the informant
gave him Rs.9 lakhs in two installments dated 20/08/2020 and
09/09/2020. After the money was paid, as the Applicant had
told her that he would give flat on concessional rate, the
informant asked the complainant to show that flat. The
Applicant did not show any flat on the pretext that the
construction was not completed. After six months, the Applicant
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avoided the informant. He did not pay the interest. He had not
issued any receipt. Therefore, at the instance of the informant,
he executed two documents on two separate stamp papers,
mentioning that he had received the amount of Rs.4 lakhs and
Rs.5 lakhs respectively for a period of three years, at 16% per
annum rate of interest. Even after some more days, nothing
further transpired. The informant came to know that there were
many such people who had invested with the Applicant and who
had lost their money. The informant realized that she was
cheated and her money was lost. On this basis, the FIR is
lodged.
4. Learned counsel for the Applicant submitted that the
other victim had lodged FIR of C.R.No.82/2022 at the same
Goregaon police station on 15/02/2022. In that case, the
investigation was carried out and the charge-sheet was filed u/s
260, 262, 420, 465, 467, 468, 471 and 120-B of the IPC. In that
case, it was specifically alleged against the Applicant that he had
obtained money from different investors and the money
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ultimately was not returned. He had executed documents on the
forged stamp papers. In the present case also allegations are
made that stamp papers used by the present Applicant for
executing his acknowledgment in favour of the present
informant, was executed on forged stamp papers. Learned
counsel therefore submitted that the subject matter of the
present FIR is exactly the same as that of the earlier FIR
registered vide C.R.No.82/2022.
5. He submitted that the first informant in this case had
given complaint to the police on 17/02/2022 regarding amount
of Rs.9 lakhs. But there was no mention of any flat. He
submitted that the story of the flat and the money having been
given for the purchase of a flat was an afterthought, which was
not a part of the earlier application. He submitted that the
present FIR is in the nature of second FIR. In the earlier case,
the Applicant was arrested and was in custody for at least 10
months. He was released on bail. At that time, the investigating
agency had thoroughly investigated the case and had
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interrogated the Applicant. Therefore, based on the similar
allegations, the Applicant's custodial interrogation is not
necessary.
6. Learned APP submitted that the present subject matter
is restricted to the loss caused to the first informant Smita.
Therefore, it is a separate subject matter and it is not in the
nature of the second FIR. However, she conceded that in the
earlier FIR, the question of use of forged stamp papers was also
considered and it was investigated. At that time, there were
other victims. Those were 70 to 80 in numbers. Therefore, the
investigating agency had an opportunity to investigate in respect
of the allegations of investment made by all the victims.
7. I have considered these submissions. From the record it
is quite clear that the Senior Inspector of Goregoan Police
Station, was aware of the grievance of the first informant Smita
on 17/02/2022 itself. At that time, the investigation into
C.R.No.82/2022 was going on, as the said offence was
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registered on 15/02/2022 itself. The investigating agency's case
is that there were many other victims like the informant in
C.R.No.82/2022. Then obviously, the present informant Smita
was also one of the investors/victims, who had lost her money.
Therefore, I find substance in the submissions of learned counsel
for the Applicant that investigating agency had full opportunity
to investigate into the allegations or investment made by the
investors including Smita. Therefore, at this stage, again
subjecting the Applicant for custodial interrogation, on similar
allegations is not warranted. As far as the allegations of forgery
of stamp papers are concerned, the earlier investigation covered
that issue as well. Therefore, for that purpose also, the
Applicant's custodial interrogation is not necessary.
8. Considering this discussion, the Applicant can be
protected u/s 438 of Cr.P.C. with directions to him to attend the
concerned police station and to cooperate with the investigation.
9. Hence, the following order :
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ORDER
(i) In the event of his arrest in connection with C.R.No.879/2022, dated 27/08/2022, registered with Goregaon Police Station, Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station from 05/02/2024 to 08/02/2024 between 01.00 to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation.
(iii) The application stands disposed of accordingly.
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