Trustee of public charitable trust entrusted with property sale and proceeds handling acts as 'agent' under IPC Section 409 for criminal breach of trust, justifying 90-day default bail detention if prima facie misappropriation shown.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

2. By this petition under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (“BNSS, 2023) (Section 482 of the Code of Criminal Procedure, 1973), the petitioner assails the legality and correctness of an order dated 09^th December, 2025 passed by the learned Magistrate, Vasai whereby an application preferred by the petitioner to enlarge him on default bail under the provisions of Section 167(2) of the Code of Criminal Procedure, 1973 (‘the Code, 1973’), came to be rejected.

3. Shorn of superfluities, the background facts can be stated as under:-

3.1 Shejar Chhaya Trust, Devdal (the trust) is a public charitable trust. The Trust was formed in the year, 1984 with the object of providing shelter and education to orphan children. On 28^th December, 2019, the petitioner became the Secretary of the Trust.

3.2 Father Francis Peter Gonsalves, the Chief Trustee of the Trust had entrusted the responsibility of obtaining the sanction of the Charity Commissioner for the sale of trust property i.e. 21 Guntha land out of 40 Guntha land, situated at Survey No. 63, Hissa No. A/1.

3.3 The prosecution alleges on 14^th December, 2020, the petitioner filed an application before the Charity Commissioner to sale the entire Survey No. 63, A/1 admeasuring 40 Guntha and another Survey No. 16 admeasuring 76.60 Guntha. False statements were made in the said application. On the basis of such false statements and false documents on 24^th September, 2023, the petitioner obtained the sanction of the Charity Commissioner for the sale of 116.60 Guntha land of the Trust in favour of the R. K. Developers for a consideration of Rs. 6,21,00,000/- (Rupees Six Crores Twenty One Lakhs). Out of the said amount, on 22^nd July 2021, the petitioner obtained an advance consideration of Rs. 1,20,00,000/- (Rupees One Crore Two Lakhs) and instead of depositing the said amount in the account of the Trust maintained with the Federal Bank, Vasai Road Branch, the petitioner opened a new account with Basin Catholic Co- operative Bank by forging the signatures of the chief trustees and other trustees and got credited the said amount in the said account. Subsequently, the petitioner transferred the said amount to the account of petitioner’s D’Souza Education and Charitable Trust and thereby committed offences of cheating and forgery.

3.4 F.I.R was registered on 27^th December, 2024, initially for the offences punishable under Sections 471, 468, 465 and 420 of the Penal Code. Subsequently, the offence punishable under Sections 409 came to be added.

3.5 The petitioner was detained on 06^th October, 2024 by the Immigration Officers at IGI Airport, New Delhi. The petitioner was produced before the learned Magistrate, Patiala House Court, New Delhi on 07^th October, 2025 and transit remand was obtained. The petitioner was produced before the learned Magistrate at Vasai on 10^th October, 2025, and was remanded to Police custody.

3.6 On 09^th December, 2025, the petitioner preferred an application before the learned Magistrate seeking his release under the provisions of Section 167(2) of the Code. It was inter alia asserted that, the petitioner has been arraigned for the offences punishable under