14.2555.21 ABA.doc

ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2555 OF 2021

RAJESH MEWAWALA

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

INTERIM APPLICATION ST NO. 16855 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO. 2555 OF 2021

PREETI JAYESH THAKKAR

….APPLICANT

IN THE MATTER BETWEEN

RAJESH MEWAWALA

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

AND

ANTICIPATORY BAIL APPLICATION NO. 2556 OF 2021

RAKHI MEWAWALA AND ANR

….APPLICANTS

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

INTERIM APPLICATION ST NO. 16856 OF 2021

IN

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IRESH

SIDDHARAM

MASHAL

Digitally signed by

IRESH SIDDHARAM

MASHAL

Date: 2021.10.29

16:01:32 +0530

14.2555.21 ABA.doc

ANTICIPATORY BAIL APPLICATION NO. 2556 OF 2021

PREETI JAYESH THAKKAR

….APPLICANT

IN THE MATTER BETWEEN

RAKHI MEWAWALA AND ANR

….APPLICANTS

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

Mr. Hrishikesh Mundargi i/b Paavani Chaddha for the applicant in

both matters

Mrs. Rutuja Ambekar APP for the State

Mr. Dhrutiman S. Joshi for intervener in both matters

CORAM :

NITIN W. SAMBRE, J.

DATE:

28^th OCTOBER, 2021.

P.C.:

1]

Applicant Rajesh is husband of applicant Rakhi whereas

applicant Masumi is daughter of applicants Rajesh and Rakhi. All

these three applicants are seeking pre-arrest bail in C.R. No.

598/2021 registered with Byculla police station for

offence

punishable under Sections 406, 409, 420 r/w 120(B) of the Indian

Penal Code.

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2]

Prosecution case against the present applicants is, complainant

and all applicants are relatives. Applicants having gained con昀椀dence

of the complainant, introduced her to Nationalized bank in Mazgaon,

Mumbai, processed loan application by opening account in the name

of Priti Fusion Company of which she/complainant is shown as

proprietor and diverted Rs. 49 Lakhs of loan amount.

3]

Submissions of learned counsel for the applicant in the

aforesaid background are, applicants in the backdrop of their

relationship have helped complainant to establish her business.

Apart from above, it is claimed that entire amount is used by the

complainant for her business purpose. She having suffered business

losses, by way of afterthought, initiated these criminal proceedings. It

is also brought to my notice that complainant is facing proceedings

before Debt Recovery Tribunal for recovery of the aforesaid amount of

loan since 2018 and that being so, applicants cannot be directly or

indirectly linked to the offence in question. It is also claimed that co-

accused Rakhi and her daughter are not attributed any direct

involvement.

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4]

Learned APP while opposing the prayer would urge that during

initial investigation, enough material is available on record to infer

prima facie involvement of the applicants in the crime in question.

According to her, custodial interrogation of the applicants is

necessary so as to recover the amount and also to 昀椀nd out the mode

and the manner in which offence is committed. It is further brought

to my notice that against applicant Rajesh, there are criminal

antecedents of similar nature.

5]

Considered rival submissions.

6]

Investigation carried out till date depicts that certain papers

which are bearing signature of the complainant are received from the

aforesaid nationalised bank where loan account was opened.

7]

It is also noticed that accused-applicant Rajesh authored

documents which bears signature of the complainant. There is no

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plausible explanation of such act on the part of Rajesh.

8]

It is already observed hereinabove that all the parties to both

these applications are husband, wife and daughter and it is claimed

that complainant is in relation to applicants.

9]

From the investigation carried out till this date, angle of

conspiracy against the applicants is prima facie