Sonia Ravindra Singh v. The State Of Maharashtra
rpa 1/11 903-aba-2843-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2843 OF 2019 Smt.Sonia Ravindra Singh .. Applicant Vs.
State of Maharashtra .. Respondent ......
Mr.Chetan S. Damre, Advocate for the Applicant. Mrs.Geeta P. Mulekar, APP for the Respondent - State. H.C. 5786 Gavani, Kondhwa Police Station, Pune City, present. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
JANUARY 24, 2020.
P.C. :
The applicant is apprehending arrest in connection with C.R.No.814 of 2019, registered with Kondhwa Police Station, Pune City, for the alleged ofences punishable under Sections 406, 420 and 120-B read with 34 of Indian Penal Code ("IPC', for short). First Information Report ("FIR", for short) was registered on 5th October, 2019 by Mohddis Mohammad Farukh Bakla. Applicant preferred an application for anticipatory bail before the Sessions Court, which was rejected by order dated 16th December, 2019.
rpa 2/11 903-aba-2843-19.doc The prosecution case is as follows:
(a) The complainant is the owner of Standard Tours Company. His father owns company named Bakhla International Travels Company. The complainant and his partner Dastagir Patel has a partnership frm, namely, Dream Home Developers in Pune. The friend of the complainant Danish Kudia introduced Anis Vali Mohammad Memon to the complainant. He was carrying out construction work. Anis Memon introduced his friend Ravindra Singh to the complainant. He was the owner of Vibhave Infra Private Limited ("VIPL", for short). The complainant was informed that the said company is accepting Military tenders. Ravindra Singh and his wife Sonia Singh provided information to the complainant about their project, namely, Girna Infra ("GIPL", for short), which was worth 128 crores. The complainant was informed that presently the project is closed. The work worth Rs.60 crores was completed. If the investment is made to complete the project, the work
rpa 3/11 903-aba-2843-19.doc relating to Jammu and Nagakota, which is 125 crores Millitary Project and the project at Mumbai worth Rs.100 crores totally amounting to Rs.350 crores would be allotted. The said information was provided to the complainant, as an inducement.
(b) Complainant was also informed that there is Memorandum of Understanding ("MOU", for short) between VIPL and GIPL. Anis Vali Mohammad Memon took the complainant in confdence and told him that even he has invested in the project and he would get good returns from investment. It was also informed that there are agreements between VIPL and Ratnakar Pawar and that the complainant would be made Director of company owned by Ravindra Singh. The complainant gave Rs.2,50,000/- to Ravindra Singh by cheque dated 29th April, 2017. (c) Complainant was informed by Anis Memon and Ravindra Singh that to commence project at Pune, Bank Guarantee of Rs.1 crore 50 lakhs is required to
rpa 4/11 903-aba-2843-19.doc be executed and handed over to D.G. at Delhi and that each of them are required to execute Bank Guarantee of Rs.50 lakhs. The complainant was supposed to be travel out of town, and, therefore, he told them that he would not be able to furnish Bank Guarantee. At that time Anis Memon told him to hand over Rs.50 lakhs and that he would prepare Bank Guarantee in his name. On 3rd May, 2017, the complainant issued six cheques from the account of Bakhla International Travels Company worth Rs.50 lakhs in the name of Anis Memon. The said cheques were deposited by him in his bank, which were cleared. Anis Memon told the complainant that Bank Guarantee has been issued in his name and the same is handed over to Project Manager at Pune. He also informed that similar Bank Guarantee is also issued in the name of Ravindra Singh and himself.
(d) Subsequently, Anis Memon and Ravindra Singh told the complainant that D.G. from Delhi is insisting for Bank Guarantee of Rs.3 crores. Complainant told him that he is not in a position to arrange such huge amount and demanded his money back. Anis Memon
rpa 5/11 903-aba-2843-19.doc told him that a person known to them would prepare a Bank Guarantee and at his instance, he transferred Rs.3,50,000/- to the account of one Ravi Malhotra. However, Ravi Malhotra has again redeposited the said amount in the account of the complainant. On inquiry, he told the complainant that the Bank Guarantee could not be prepared and hence he has returned the money. Complainant demanded back Bank Guarantee of Rs.50 prepared in his name. He refused to return Bank Guarantee. Complainant learnt that Bank Guarantee in his name was not prepared and Anis Memon has misappropriated the said amount. Ravindra Singh did not prepare any Bank Guarantee in his name. The complainant demanded the amount. However, Anis Memon was not returning the said amount. Ultimately, on 22nd May, 2017, Anis Memon transferred an amount of Rs.20,25,000/-, to the complainant. The balance amount was not paid.
(e) Complainant again transferred amount of Rs.20,00,000/- to Anis Memon and cash of
rpa 6/11 903-aba-2843-19.doc Rs.9,75,000/-. Anis Memon deposited the amount in the account of complainant's father. The complainant demanded the amount parted to him Anis Memon. He avoided to make payment.
(f) Ravindra Singh and his wife Sonia Singh (applicant) met the complainant and they told him that in the event he invested the amount in their Millitry Project, he would earn good returns. On believing the representations, the complainant paid amount to them from time to time. Complainant demanded Rs.88,20,000/-, from them. He avoided to return the amount. Ravindra Singh told him that he has purchased the car by using his money and he should approach Ratnakar Pawar, if he needs money, as amount has been invested with Ratnakar Pawar. The complainant realized that he has been cheated by the applicant-accused. Complainant then visited the ofice of GIPL. Ratnakar Pawar contacted Ravindra Singh and assured that the amount will be returned. He was also told that amount will have to be invested in Mumbai and Pune branch.
rpa 7/11 903-aba-2843-19.doc (g) Ratnakar Pawar told the complainant that in the event of investment, the complainant would earn good dividends. Agreement was executed between both of them. Thereafter Ratnakar Pawar introduced him to Director of Godavari Military Project with the assurance of returns for investment. On their representation, the complainant transferred Rs.24,44,900/-, by RTGS to Godavrai Military Project. On request from Ratnakar Pawar, the complainant parted Rs.1,30,000/-, in cash to one Parvesh Shaikh. Ratnakar Pawar demanded amount on several occasion and he had transferred Rs.1,25,000/-, to him. For the project at Pune, from 5th February, 2018 to 6th February, 2018, he had transferred Rs.51,33,323/- by RTGS and bank transfer for GIPL project staf, labour, material payment and also gave Rs.1,61,500/- to Mr.
Pawar in cash for payment of labour. Complainant did not receive any returns. He demanded money. The complainant suspected foul play.
rpa 8/11 903-aba-2843-19.doc deliberately furnished incomplete documents as a partner in the Bank. Thus, from 29th April, 2017 to 6th July, 2018, the accused had deceived him. He paid an amount of Rs.29,75,000/-, to Anis Vali Mohammed, Rs.44,10,000/- to Ravindra Singh and Sonia Singh (applicant), Rs.63,89,723/- to Ratnakar Pawar, Rs.26,86,664/- to Prakash Laddha, Rs.25,000/- to Manisha Pawar and Rs.30,000/- to Ashok Ahire. Complainant, thus is duped for Rs.1,64,16,387/-. Learned Advocate for the applicant submitted that the applicant is not benefciary nor she has received any amount in her personal account from the informant. VIPL has executed MOU with GIPL, who had got the tender for construction of Military Unit of Defence area at Pune and Lonawala. Pursuant to which VIPL entered into the construction, after completing work.
Thereafter, co-accused had executed Power of Attorney dated 12th April, 2017. Complainant had invested money. Complainant informed the applicant's husband to move away from the said project and to hand over the project in return of which he would reimburse the working capital invested to the applicant's husband. The dispute is of civil nature. Applicant is a lady.
rpa 9/11 903-aba-2843-19.doc custodial interrogation is not necessary. She is willing to cooperate with the investigation.
Learned APP submitted that the applicant has played vital role. She has participated in the transaction. Circumstances show that, applicant and co-accused were intending to cheat the informant since inception.
Learned counsel for the intervenor submitted that the applicant and the co-accused were intending to cheat the informant since inception. Applicant had accompanied her husband at the time of making false representations. Inducement was made by her alongwith the co-accused to the complainant. The role of all the accused is interlinked with each other. She was the director of the company. The role played by the applicant is reflected in the FIR. Amount of Rs.44,00,000/- was given to VIPL. Applicant is wife of Ravindra Singh, who was also impleaded as accused in the FIR. First informant has alleged that she had accompanied Ravindra Singh, when false representations were made in 2017, with regards to the VIPL. Inducement was made about Military Project at Pune with the assurance of
rpa 10/11 903-aba-2843-19.doc returns which would be double the investment. The complainant, however, alleged that the amount was parted from time to time to Ravindra Singh. Cheques were issued to Ravindra Singh. Representations were also made that the Power of Attorney is with Ravindra Singh. The payment of Rs.27,40,000/-, towards labour payment was credited into the account of applicant's husband Ravindra Singh. Applicant is a lady. Ravindra Singh is yet to be arrested. Considering the circumstances, applicant need not be subjected to custodial interrogation.
Hence, I pass the following order:
:: O R D E R ::
(i) Anticipatory Bail Application No.2843 of 2019, is allowed;
(ii) In the event of arrest of Applicants in connection with C.R.No.814 of 2019, registered with Kondhwa Police Station, Pune City, he be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
rpa 11/11 903-aba-2843-19.doc (iii) Applicant shall report the investigating oficer on 3rd to 5th February, 2020, between 11:00 a.m. to 01:00 p.m;
(iv) Anticipatory Bail Application stands disposed of; (PRAKASH D. NAIK, J.)