The right to bail is fundamental, and prolonged incarceration without trial violates Article 21, especially when the trial is unlikely to conclude in a reasonable time.

JUDGMENT :

[MILIND N. JADHAV, J.]

1. This Application is filed by Applicant / Accused (Sole Accused) for grant of bail under Section 439 of Cr.P.C. read with Section 45 of Prevention of Money Laundering Act, 2002 (for short “PMLA”). Applicant has been arrested and is in jail since 17.01.2024. The designated Special Court by order dated 09.09.2024 dismissed the Bail Application preferred by the Applicant. Bail Application is filed in connection with the alleged offence under Section 3 of the PMLA which is punishable under Section 4 of the said Act. Six volumes of the charge-sheet is filed as compilation by Applicant. Reference to relevant documents is as per the documents appearing in the compilation.

2. Briefly stated, prosecution case is that Mumbai police registered FIR on 01.09.2023 on the basis of Complaint filed by Gopal Pandurang Lavne - EOW officer in respect of two specific Work orders issued by the Municipal Corporation of Greater Mumbai (for short “MCGM”) dated 14.04.2020 and 17.04.2020 to supply cooked food (khichdi) during the COVID-19 Pandemic lock down period between March 2020 and July 2020 to the Ward Offices for distribution to the citizens. Delay in filing the complaint is prima facie evident. Work order dated 14.04.2020 was issued in favour of M/s. Vaishnavi Kitchen (Sahyadri Refreshments) and Work order dated 17.04.2020 to M/s. Force One Multi Services for supply of 300 gms of food packet (khichdi) @Rs.33/- per packet plus GST. MCGM paid Rs.8.64 Crores to M/s. Force One Multi Services and Rs.5.93 Crores to M/s. Vaishnavi Kitchen (M/s. Sahyadri Refreshments) on completion of the above Work orders. Work orders were fully delivered and completed. Sanction of completion and satisfaction was issued by the Standing Committee of MCGM vide Resolution dated 10.02.2021. Said sanction is appended on page No.154 of Volume-III. On 23.04.2021, MCGM issued letter of completion and appreciation to M/s. Force One Multi services for completing the Work order.

3. Allegation in the complaint filed by Gopal Pandurang Lavne on 01.09.2023 is that both the aforesaid entities illegally gained public money to the tune of Rs.3.64 Crores out of the total money paid by MCGM to them under the twin Work orders which was fraudulently transferred to Applicant’s Bank Account in the guise of his salary as an employee of M/s. Force One Multi Services and this led to a total loss of Rs.6.37 Crores of public money. On the basis of this allegation FIR of Scheduled Offence i.e. ECIR is filed on 17.10.2023 in the Special designated Court.

4. Briefly stated case of prosecution is as follows:-

4.1. Primary allegation is that contractual obligation under the Work orders was to supply 300 gram packet of food (khichdi) but M/s. Force One Multi Services supplied food packet weighing 100 grams and thus unjustly enriched itself.

4.2. Second allegation is that M/s. Force One Multi Services did not have its own kitchen facility and was majorly involved in sand transport business despite which it obtained the Work order due to influence exerted by Applicant on the Nodal Officer of MCGM. Thereafter M/s. Force One Multi Services entered into two sub- contracts with M/s. Sneha Caterers and Decorators and M/s. Golden Star Banquet Hall & Catering Services paid Rs.4.20 Crores to M/s. Sneha Caterers and Decorators and Rs.84,00,000/- to M/s. Golden Star Banquet Hotel & Catering Services for supplying the food (khichdi) packets and illegally misappropriated the balance amount of Rs. 3.64 Crores.

5. Third allegation is that there was no specific mechanism framed by MCGM to check the actual quantity delivered by M/s. Force One Multi Services of the food (khichdi) packets.

6. Fourth allegation is that the amount of Rs.3.64 Crores in the hands of M/s. Force One Multi Services is ‘proceeds of crime’ which was partly diverted into the personal bank account of Applicant and into another bank account of Applicant’s partnership firm called M/s. Fire Fighters Enterprises.

7. Fifth alleg