1 BA 2839/2023 (438)

CRIMINAL BAIL APPLICATION NO. 2839/2023

Sushmita Santosh Arland and Santosh Rudolf Arland

Vs.
State of Maharashtra
(Through Bharati Vidyapeeth Police Station)
(CNR NO. MHPU01-008021-2023)

ORDER BELOW EXH.1

1] This is the application filed by accused-applicants Sushmita

Santosh Arland and Santosh Rudolf Arland for anticipatory bail under Section
438 of the Code of Criminal Procedure, 1973 in connection with C. R. No.
243/2023 registered at Bharati Vidyapeeth police station for the offences
punishable under Sections 406, 420, 506 r.w. 34 of the IPC and Section 3 of
MPID Act.

2] Facts which gave rise to the application are as under -

Above referred crime is registered against accused applicants.
According to accused applicants even though they have no role of any kind in
alleged offence, however, accused-applicants have apprehension of their
arrest. Hence, they have preferred this anticipatory bail application.

3] As mentioned in the application prosecution case is that one Amit

Gangadhar Kamble had lodged a first information report with Bharati
Vidyapeeth Police Station Pune alleging therein that in December 2021,
accused namely Anand Patole (prime accused) informed informant about a
company namely Trinity Communications owned by accused-applicants. It is
alleged that Anand Patole promised the informant to give returns on the
investment in said company. It is admitted by informant that he did not know
applicants. It is alleged that he gave an amount of Rs.24.00 lacs to Anand
Patole, who was aware that there are no such investment policies of said
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company. In spite of it Anand Patole had received amount of Rs.24.00 lacs

from informant and gave amount of Rs.7,25,000/- to informant as returns.
However, Anand Patole failed to pay remaining amount. It is further alleged
that amounts received from other investors were settled however, the amount
given by informant was not settled and hence, it is alleged that informant
came to be cheated for the amount of Rs.24.00 lacs. On these set of facts
above referred crime came to be registered with Bharati Vidyapeeth police
station Pune. According to accused applicants they have not committed
alleged offence but they are falsely implicated in this case.

4] According to accused-applicants they did not deceive any person

to invest amount in their company. FIR shows that Anand Patole, who is
prime accused in this case, has deceived informant, hence, according to
applicants alleged sections referred in FIR are not applicable against them. It
is pointed out that accused-applicants have given amount of other persons,
who have allegedly invested amounts with company of accused-applicants.
According to accused-applicants they have given the amount invested by
informant to accused Anand Patole but Anand Patole has not given said
amount to informant. Hence, according to accused-applicants they had no
intention to commit alleged offence. It is contended that accused-applicants
are ready and willing to deposit the amount if found necessary during the
course of investigation. According to accused-applicants they had not
promised to pay any amount hence, they have no role in alleged offence.
Further according to accused applicants from the contentions from FIR it
becomes clear that informant has grievance against accused Anand Patole.
Hence, they have contended that their custodial interrogation is not necessary
in this case. Further it is contended that alleged transaction is basically of a
civil nature, which has been coloured as a criminal case by informant with an
ulterior motive. Hence, according to accused-applicants alleged sections
cannot be made applicable against them. It is contended that FIR is filed only
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to create pressure upon accused applicants. Therefore, according to accused-

applicants informant has abused the process of law. It is pointed out that
accused-applicants are reputed business persons and they will suffer from loss
if they will be arrested in false case and their business will suffer. It is pointed
out that accused-applicants are residing on the address shown in the
application permanently and hence, there is no possibility of their absconding.
Accused applicants have undertaken not to tamper with prosecution evidence
in any manner. They have contended that they have no criminal antecedents
and evidence in this case is documentary evidence and for collecting said
documentary evidence, their custodial interrogation is not necessary. Accused
applicants have undertaken to co-operate investigation agency, to furnish the
surety to the satisfaction of the court. With the help of those contentions
accused-applicants have prayed to allow this application.

5] Learned APP and Investigating Officer have filed pursis Exh.10

contending that say filed by Investigating Officer in B.A. No. 2863/2023 be
considered for the decision of this application. The reply at Exh.5 of B.A. No.
2863/2023 shows that prosecution has resisted bail application on the ground
that accused persons have induced the investors to invest their amount in
Trinity Communication Co. by promising them to give them good returns on
the amount invested. It is alleged that investors have believed accused
persons and invested the amounts with accused persons. However, accused
persons have not repaid the investments with interest to the investors as
promised. Therefore, informant lodged complaint with police. It is contended
that investigation is to be made about the fact that the amount received by
accused persons from investors is invested by accused persons at which places.
It is alleged that accused Anand Patole used to talk with investors on phone
and he has induced the investors to invest their amount in the company of
accused persons. According to prosecution considering serious nature of
crime, custodial interrogation of accused persons is necessary.
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6] I have heard applicants learned advocate Mr. V. N. Thombare for

the accused and learned APP Mr. Wadekar. It is pertinent to note here that
while arguments were being advanced on behalf of parties, Investigating
Officer of the crime was present before the court. It is also pertinent to note
here that accused-applicants have filed pursis at Exh.8 contending that they
are ready to deposit amount of Rs.75.45 lacs, which is alleged to have invested
by the investors with the company of accused. At the time of arguments,
Investigating Officer has submitted that if the amount mentioned in the
complaint will be deposited by accused-applicants, bail may be granted to
accused-applicants with the condition that accused-applicants should attend
police station every week and they should co-operate investigating agency.

7] Advocate for Original complainant/ interevener has filed written

notes of arguments vide Exh.9 and argued that Trinity Communication owned
by accused No.3 was not having any investment policy and in spite of the fact
accused applicants through accused No.1 induced investors and invited
investments from complainant and other investors by assuring them to pay
good returns on their investment and thereby financially cheated complainant
and investors. Investigating Officer has to enquire with accused-applicants
what they have done with the amount of investors. When complainant and
others have filed complaint against accused persons, accused have entered
settlement agreements with them by pressurizing them by mentioning the
clauses according to accused and as there are investments of investors with
accused persons, investors agreed and entered the settlement agreement and
signed it. It is further argued that vide settlement agreement accused had
agreed to pay remaining amount by deducting return amount from invested
amount till April 2021 and for that purpose issued post dated cheques drawn
on account of accused and asked to deposit on the fixed date. When those
cheques were presented for payment/ encashment, complainant and investors
were informed by the bank that the payment of said cheques were stopped by
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the drawer. It is further argued that accused have intentionally induced

investors, accepted their investments but instead of paying returns, used those
amounts for their own benefit and then complaint was filed by the
complainant, by pressurizing investors, accused entered into settlement
agreements and issued said cheques and further stopped the payment of those
cheques and thereby cheated the investors.

8] It is further argued that interrogation is necessary and

Investigating Officer has to get information from accused as to where they
have invested the investors amount so also exactly what transaction was there
between accused-applicants and accused No.1 and there is every possibility
that accused No.1 has received commission for the same and Investigating
Officer has to seize the said amount. Further there is every possibility that
accused must have purchased any movable or immovable property from the
invested amount, therefore, custodial interrogation of the accused-applicants
is necessary. Further it is to be find out whether there are any more investors.
Accused having conspiracy with each other financially cheated complainant
and other investors to the tune of Rs.75.45 lacs. It appears that at present
accused applicants have switched off their mobile phone and have gone
somewhere else to reside and accused are not co-operating in investigation.
During enquiry with bank about the bank account of accused, it is informed
that there is balance of Rs.25,03,94,220.14 in the bank account of accused
and Investigating Officer has to find out from where said amount is received in
the bank account. It is further argued that there is every possibility that if bail
is granted to accused applicants, they will flee away and leave the country.

9] I have given serious considerations to the arguments on behalf of

parties. In pursis Exh.8/ undertaking Exh.8, accused applicants have
undertaken to deposit amount of Rs.75.45 lacs in the court after granting bail
to them. However, huge amount of Rs.25,03,94,220/- is in the bank account
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of accused-applicants, in such circumstances I find that as remaining investors

are yet to come forward and yet they are to give their statements before
Investigating Officer, conditional bail can be granted to accused-applicants
with stringent conditions. Hence, I proceed to pass following order -

ORDER

1] Cr. Bail Application No. 2839/2023 is allowed.

2] In the event of arrest of accused applicants No.1] Sushmita Santosh
Arland and No.2] Santosh Rudolf Arland they may be released on bail on
furnishing PR Bond of Rs.1,00,000/- each with one or more sureties of the like
amount with following conditions -
a] Accused applicants shall deposit amount of Rs.75.45 lacs in the
court immediately within 8 days as undertaken in undertaking Exh.8. It is
made clear that said amount will be kept with the court in fixed deposit and
after filing of the charge-sheet in the court, the investors may approach to
competent authority for payment of said amount to the investors according to
investment of each of the investors.
b] Accused applicants are directed to attend Bharati Vidyapeeth
Police Station on every 1st and 15th day of every month in between 11.00 a.m.
to 1.00 p.m. till filing of the charge sheet.
c] Accused applicants are further directed to co-operate the
investigating agency and if Investigating Officer issues notice in writing they
shall give their specimen handwriting and the documents sought by the
Investigating Officer if those documents are available with them.
d] Accused applicants shall not leave jurisdiction of this court
without prior permission of this court.
e] Accused applicants shall not travel abroad without prior
permission of this court.
f] Accused applicants shall furnish their phone numbers and
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addresses along with phone numbers and addresses of their two close relatives
before Investigating Officer.
g] Accused applicants shall file undertaking before Investigating
Officer that if further more investors will come forward, accused-applicants
will settle the amounts with such investors, who will give their statements
before Investigating Officer.

Date : 6th May 2023 (K.P. Nandedkar)

Additional Sessions Judge, Pune.
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CERTIFICATE

“ I affirm that the contents of this PDF file are word to word as per the original
order.”

Name of the Steno : Smt. S.M. Khisti (Grade I)

Name of the Court : Smt. K.P. Nandedkar
District Judge 1 & Additional Sessions Judge, Pune
Date of Order : 6th May 2023
Order signed by PO on: 6th May 2023
Order uploaded on : 8th May 2023