SURESH DALARAM SENversusSTATE OF MAHARASHTRA

                                                           901-ABA-1629-26.doc



Rushi Modhe

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1629 OF 2026
Mr. Suresh Dalaram Sen                                ...Applicant
               V/s.
State Of Maharashtra & Anr.                           ...Respondents


Mr. Pratik Kalantri i/b Mr. Mahesh Pawar a/w Ms. Renuka Shukla, for
the Applicant.
Mr. Tavqeer Siddiqee a/w Mr. Pravin Pandey for the Respondent No.
2.
Ms. Poonam Bhosale, APP, for the Respondent- State.


                          CORAM : PRAFULLA S. KHUBALKAR , J.
                           DATE : 22th July, 2026.
P.C. :-


1.              Heard learned counsel for the applicant, learned

counsel for respondent no. 2, as well as learned APP for the

respondent.


2.              The applicant has filed the instant application under

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

seeking pre-arrest bail in offence bearing Crime No. 315 of 2026

registered with Charkop Police Station, Kandivali (W), Mumbai,

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for offence under Sections 316(2), 318(4), 351(2), 351(3) &

352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, (for shot

‘BNS’).


3.          The FIR is registered at the instance of the

complainant who has alleged that since 18 years he is in business

of making idols of deities out of silver sheets and since last

several years his friend Mukesh Rawal is helping him in this

business. He alleged that in the year 2019 Mukesh Rawal

introduced him with Suresh Sen, the applicant herein. He

informed that this applicant wanted to make substantial

investment in silver business. In this background on 1 st July 2019

the applicant introduced his son-in-law Darshan with the

informant and at that time the accused / applicant had assured

the informant that after 6 months of his investment he will get

double profits. It is alleged that on the basis of this assurance,

the complainant gave 103.198 kg silver and his friend gave

62.152 kg silver, total 165.350 kg silver to the accused. The total

value of this silver was Rs. 82, 36, 500/-. It is alleged that after

this investment when no returns were received by the

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complainant, he questioned the accused and at that time the

accused gave threats of killing the complainant. It is also alleged

by the complainant that by abusing the complainant the accused

has threatened the complainant by pointing pistol on him. In

view of these allegations, the FIR has been lodged against this

applicant along with two others including his son-in-law Mr.

Darshan.


4.          Apprehending arrest in this crime, the applicant had

filed ABA No. 804 of 2026 before the learned Sessions Court,

Mumbai, which came to be rejected by order dated 15 th June

2026. Thereafter, the applicant has filed the instant application.


5.          Learned counsel for the applicant submitted that the

applicant is falsely implicated in the instant crime which is

registered after substantial delay. He submitted that the offence

is registered because of rivalry of this applicant with the friend of

the complainant Mr. Mukesh Rawal with whom separate

disputes are already pending. He submitted that this applicant

has already filed a compliant against Mukesh Rawal. He



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submitted that the allegations about handing over of 165 kg of

silver or use of pistol for threatening the complainant are

without any basis. He also submitted that the applicant is ready

to abide by any conditions on his release on bail.


6.          In support of his submissions, learned counsel for

applicant placed reliance on a judgment of coordinate bench of

this Court in Tayyab Hider Siddique Vs. State of Maharashtra,

reported at 2025 (4) Mhl.j (Cri) 603 and submitted that in view

of the instant FIR which is registered after substantial delay with

respect to civil transactions, the applicant is entitled for grant of

pre-arrest bail. He also relied on judgment of Hon’ble Supreme

Court in Delhi Race Club Vs. State of U.P. reported at 2024 (8)

SCR 670 and submitted that the offence of cheating and criminal

breach of trust registered simultaneously demonstrates false

implications of the applicant.


7.          Per contra, learned APP for the respondent opposed

the application and submitted that the crime is very serious in

nature and investigation has revealed that the complainant has



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given to the accused huge quantity of silver, to the extent of 165

kg and the transactions are very well known to the complainant

and accused. She submitted that the allegations in FIR show that

the accused has induced the complainant to invest huge amount

in silver and has assured double returns. Further, there are

allegations about threats on the point of pistol, given by the

accused to kill the complainant.


8.         Learned counsel for complainant / respondent no. 2

also opposed the bail application and pointed out that there are

specific allegations in the FIR and the investigation is going on.

He submitted that the complainant stands cheated for Rs.

82,36,500/- and the present market value of 165 kg silver is

approximately Rs. 4 crores. He also submits that the accused has

repeatedly threatened the complainant by putting revolver on

him.


9.         Perused the FIR and the documents placed on record

by the applicant as well as the complainant. It has to be noted

that the investigation has revealed that there was inducement by



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the accused and on the basis of assurance to give double returns,

the complainant and his friend has handed over about 165 kg of

silver to the applicant / accused. Pertinent to note there are

specific allegations about handing over of 165.350 kg of silver to

the accused and use of pistol by the accused for threatening the

complainant. The assurance by the accused about giving double

returns and inducement are under investigation. Learned APP

has submitted that the investigation is going on and even the

pistol is not recovered. Thus, it appears that there are serious

allegations about cheating against the applicant and the FIR

prima-facie indicate role of the accused persons.

10.         The seriousness of offence is clear in view of the

allegations in the FIR. Apart from this it has to be noted that on

the basis of record the learned Sessions Court has observed that

the receipts   dated 6th July 2019 and 31st July 2019 makes

reference to ‘Sagar silver’, ‘Mukesh Bhai’, and ‘Sarafi Madan Bhai’

which are said to be related to the applicant, as submitted by the

counsel for complainant. In this regard complainant has also

tried to invite attention to several whatsapp communications

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showing transactions in between complainant and the accused.

As such, at this stage there appears prima-facie material to show

that on the inducement of the accused, the silver was entrusted

to him. Considering the nature of seriousness of the offence, at

this stage the contentions about delay cannot outweigh the

gravity of the offence. It is pertinent to note that the

Investigating Officer has sought for custody of the applicant to

investigate the aspect as to where from the applicant has

obtained the pistol and the pistol is not yet recovered.


11.         The position of law as laid down in the judgments

relied upon by the applicant is not disputed. However, as regards

the contentions about registration of offence of cheating and

criminal breach of trust at the same time and its consequent

effect, would be subject matter of investigation and trial. At this

stage, no inference of falsity or sustainability of these allegations

can be drawn.


12.         Considering the nature of offence and the fact that

there are specific allegations in the FIR with respect to the



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offence of cheating and giving threats by pointing pistol to the

complainant and by further considering the fact that the

investigation is on going, at this stage I am not inclined to grant

anticipatory bail to the applicant. Hence, for the above reasons

the instant application for anticipatory bail is rejected.




                                  (PRAFULLA S. KHUBALKAR, J.)




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