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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Robert Gragery D’Souza – Appellant
Versus
State of Maharashtra (At the instance of Naigaon Police Station/EOW, Mira-Bhayander, Vasai Virar Police Commissionerate) – Respondent
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 09th 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 28th 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 la
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 p....
The court upheld the conviction for criminal breach of trust, establishing that failure to disburse entrusted funds by an agent constitutes dishonest misappropriation under the Penal Code.
The prosecution must prove beyond reasonable doubt that the accused, as an agent, acted dishonestly in misappropriating entrusted funds under s 409 of the Penal Code.
(1) Issuance of process – Mere existence of some grounds which would be material in deciding whether accused should be convicted or acquitted does not generally indicate that case must necessarily fa....
It is well settled that the power under Section 482 Cr.P.C. should be sparingly invoked with circumspection; it should be exercised to see that the process of law is not abused or misused.
The court determined that mere breaches of contract do not constitute criminal offences without proof of fraudulent intent, emphasizing that civil disputes should not be converted into criminal compl....
The court clarified that allegations solely involving civil transactions cannot form the basis for criminal charges under IPC Sections 406 and 420 without evidence of fraudulent intent.
The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
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