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2025 Supreme(Online)(Bom) 351748

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SHYAM C. CHANDAK
RAJESH BRIJLAL BATREJA – Appellant
Versus
DIRECTORATE OF ENFORECEMENT AND ANR – Respondent
BA/2265/2025



##PAGE1##

2025:BHC-AS:57409

H. C. SHIV

15 BA1122.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1122 OF 2025

Bhushan Anant Patil …. Applicant

v/s.

The Union of India …. Respondent

WITH

BAIL APPLICATION NO. 1003 OF 2025

Tanaji Mandal Adhikari …. Applicant

v/s.

The Directorate of Enforcement and Anr. …. Respondents

WITH

BAIL APPLICATION NO. 1723 OF 2025

Purshottam Chavan …. Applicant

v/s.

Directorate of Enforcement, Mumbai and Anr. …. Respondents

WITH

BAIL APPLICATION NO. 2265 OF 2025

Rajesh Brijlal Batreja …. Applicant

v/s.

Directorate of Enforcement, Mumbai and Anr. …. Respondents

Mr. Aabad Ponda, Senior Advocate with Mr.Vikram Sutaria with Mr. Nitin

Kamble i/b Mr. Hrituraj Singh for the Applicant in BA/1122/2025.

Ms. Sonal Parab with Ms. Bhoomi Gaikwad, Ms. Mukta Gadekar i/b.

Rajeev Sawant and Associates for the Applicant in BA/1723/2025.

Ms. Neha Ahuja a/w. Mr.Amit Ahuja for the Applicant in BA/2265/2025.

Mr. Sudeep Karnik a/w Darsh Gala a/w Nitin Kamble for the Applicant in

BA/1003/2025.

Mr. Anil Yadav for the Respondent-ED in BA No.1723/2025 & BA

2265/2025.

Mrs. Manisha Jagtap a/w Ms. Yashashree Raut for Respondent – ED in

BA No.1003/2025 & BA No.1122/2025.

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H. C. SHIV

15 BA1122.25.doc

CORAM : SHYAM C. CHANDAK, J.

RESERVED ON : 18th DECEMBER, 2025

PRONOUNCED ON : 23rd DECEMBER, 2025

ORDER :

. On being denied bail by the trial Court, the Applicants have

filed these Applications for their bail in connection with in an ECIR

bearing No.ECIR/MBZO-I/40/2022 on 31/03/2022, under Sections 3 and

4 of the Prevention of Money Laundering Act, 2002 (‘PMLA’).

2) Heard Mr. Ponda, the learned Senior Counsel, Ms.Parab,

Ms.Ahuja, Mr.Karnik, learned Counsel, Mr.Anil Yadav and Mrs. Manisha

Jagtap appearing for the respective parties. Perused the Applications.

3) The background facts are that, on the basis of an FIR bearing

No.RC2162022A0001, dated 23/01/2022, registered by the CBI for the

offence punishable under Sections 120-B, 409, 420, 467, 468, 471 of the

Indian Penal Code, 1860 (‘IPC’) along with Section 7, 13 (2) r/w 13(1) (a)

of the Prevention of Corruption Act, 1988 (as amended in 2018) and under

Section 66 of the Information Technology Act, 2000 against Tanaji

Mandal Adhikari and others, the Assistant Director of the Directorate of

Enforcement, Ministry of Finance, Government of India registered the

aforesaid ECIR. On completion of investigation, the CBI filed the charge-

sheet in the aforesaid FIR dated 23/01/2022 against Tanaji and 11 others

(hereinafter referred to as “scheduled offence”).

4) The prosecution case is that as per the charge-sheet in

scheduled offence, the fraud was effected by the Applicant-Tanaji

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H. C. SHIV

15 BA1122.25.doc

Adhikari, then Senior Tax Assistant, later on promoted as the Inspector of

Income Tax, by creating/fraudulently generating 12 TDS Orders for a total

refund of Rs.2,63,95,31,870.00. It is alleged that Applicant-Tanaji

Adhikari had access to the RSA Token and login credentials of his seniors

and he orchestrated the said fraud in connivance with the Applicant-

Bhusan Patil. Later on, during the period from 15/11/2019 to 04/11/2020,

the aforesaid proceeds of the crime was credited in the bank account of

M/s. SB Enterprises, owned by the Applicant-Bhushan Patil. It is alleged

that, further, the said fradulent money was transferred in the personal

bank accounts of Bhushan Patil, Rajesh Shetty, Sarika Shetty, M/s. Hotel

Velvet Treat Garden and Bar, M/s. Raaj Viraaj Global Corporation and

other related persons and entities. The said amount was utilised to

purchase various immovable and movable properties in their names. An

amount of Rs.55.50 crores, being proceeds of the crime, were transferred

to three shell companies.

It is alleged that in March 2021, current account of M/s. SB

Enterprises was put on hold with a balance of Rs.93,90,85,527.23, by the

State

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