Vinamra Sunil Goyal v. Jagdish Bhagwandas Ahuja And ORS

909-APL-109-2023.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 109 OF 2023 Mr. Vinamra Sunil Goyal ... Applicant V/s.

Jagdish Bhagwandas Ahuja & Ors.

... Respondents Mr. Rizwan Merchant a/w Mr. Sagar Shete & Samrudhi Salavi, Adv. for the Applicant.

Mr. Sahil Mahajan, Adv. for Respondent No. 1. Ms. Anamika Malhotra, APP for the State/Respondent. API Mr. Vitthal Gole, EOW.

CORAM

: R. G. AVACHAT, J.

DATED : FEBRUARY 2, 2023 P.C. :

Heard.

2.

The informant in C.R. No. 143/2022 registered by EOW, has taken exception to the order remanding Respondent No. 1 to Magisterial Custody after granting only one day's Police Custody Remand.

3.

It is an economic offence. A sum of Rs. 1700 crores is said to have been involved in the crime in question.

4.

The investigating officer is present before the Court along with the papers. The Remand Report indicates that he had asked for 15 days' police custody of Respondent No. 1, by citing not less

909-APL-109-2023.doc than 13 grounds. Some grounds are sought to be made out here for police custody of Respondent No. 1 for further investigation. 5.

This Court can not remand Respondent No. 1 to police custody. The Superintendent of Arthur Road Jail is therefore directed to produce Respondent No. 1 before the learned Additional Sessions Judge, 7th Court, Mumbai (Special Court for MPID matters) tomorrow by 2.30 p.m. The investigating officer proposes to prefer an application asking for Police Custody Remand.

6.

On hearing both the learned APP for the State and learned Defence Counsel, the Judge concern shall pass appropriate order on the Remand Application.

7.

Criminal Application No. 109 of 2023 stands disposed of accordingly.

8.

Parties to act on authenticated copy.

(R. G. AVACHAT, J.)