Bombay High Court
GOPAL TRILOKCHAND AGRAWALversusMANSUR HUSAIN DALAL AND ANOHER
- Disposal
- DISPOSED OFF
Holding
The Court held that, in the absence of material evidence connecting the applicant to the alleged offences and given his explanation of the received sum as brokerage, he is entitled to anticipatory bail.
Summary
Mansur Husain Dalal applied for anticipatory bail after an FIR was lodged alleging fraud, forgery and cheating in a real‑estate partnership involving the informant Gopal Agrawal and co‑accused. The applicant contended that he was merely a broker who introduced the informant to the co‑accused and received a Rs 9,00,000 brokerage, and that there was no material evidence linking him to the offences under the Bharatiya Nyaya Sanhita. The State and the informant argued that the receipt of the sum and the applicant’s signature on the term sheet implicated him in the crime. The Court examined the evidence, accepted the applicant’s explanation of the payment as brokerage, noted the lack of any document or allegation showing his participation in the alleged forgery, and observed that custodial interrogation was unnecessary. Consequently, the Court allowed the anticipatory bail application, granting interim relief while emphasizing that the order is limited to this application and should not influence the trial court.
Issues considered
- Whether the applicant, as a broker and signatory to the term sheet, can be held liable as a co‑accused under the Bharatiya Nyaya Sanhita offences alleged in the FIR.
- Whether the receipt of Rs 9,00,000 by the applicant constitutes sufficient material to deny anticipatory bail.
- Whether custodial interrogation of the applicant is justified in the absence of concrete evidence linking him to the alleged crimes.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5), 318(4), 336(3), 338, 340(2), 61 r/w 3(5)
Subjects
- anticipatory bail
- broker
- real estate fraud
- forgery
- partnership dispute
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
- brokerage payment
Judgment
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1653 OF 2025 WITH
CRIMINAL APPLICATION NO. 3709 OF 2025
Mansur Husain Dalal .. Applicant
versus
The State of Maharashtra
& another .. Respondents
Mr. Joydeep Chatterji, Advocate for the Applicant.
Mr. S. B. Narwade, APP for the State.
Mr. Naresh Thacker a/w Mr. A. S. Barlota, Mr. Sairam Subramaniam
and Ms. Saloni Shah, Advocates for the informant.
CORAM : R. M. JOSHI, J.
RESERVED ON : 23rd SEPTEMBER, 2026.
PRONOUNCED ON : 29th SEPTEMBER, 2026.
ORDER :
1. Applicant seeks pre-arrest bail in connection with Crime No.
0436/2025 registered with MIDC CIDCO Police Station, District
Chhatrapati Sambhajinagar for the offences punishable under
Sections 316(2), 318(4), 316(5), 338, 336(3), 340(2) 61 r/w 3(5) of
Bharatiya Nyaya Sanhita.
2. Heard learned Counsel for Applicant, learned APP and learned
Counsel for the informant.
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3. Informant Gopal Trilokchand Agrawal, is a director and
authorized representative in Riddhi Cotex Pvt. Ltd. and Rishi Fibers
Pvt. Ltd., as well as a partner and authorized representative in Siddhi
Fibers and Ramanuj Cotton Corporation, operating a pan-India
cotton trading business through brokers. According to the
informant, co-accused Sanjay Phoke, initially worked as a broker and
was engaged to manage land purchase and sale transactions on a
commission basis. In 2018-2019, said Sanjay introduced co-accused
Raju Mansing Rathod as an individual handling large-scale real
restate transactions. Consequently, they were entrusted with
overseeing the purchase and sale of the informant’s landed
properties. It is further claimed that in 2020, the informant and the
co-accused formed a partnership entity named Ramanuj Ventures,
with the objective of undertaking real estate transactions, land
development, and construction. In this partnership, the informant
held 50% shareholding, while co-accused Raju and Sanjay each held
25%. By March 2024, the total capital invested in the firm stood at
Rs. 8,61,18,606/-, of which co-accused Sanjay had contributed
Rs.81,25,000/- and co-accused Raju had contributed
Rs. 30,25,000/-.
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4. In September 2020, Applicant informed the informant that
Vascon Engineers Ltd., Pune, intended to sell two of its subsidiary
companies namely marathwada Realtors Pvt. Ltd. and Almet
Corporation Ltd., both situated at Chhatrapati Sambhajinagar. As
both properties, were located in Chhatrapati Sambhajinagar, the
informant desired to purchase them for business purposes through
Siddhi Fibers and Ramanuj Ventures, and accordingly, sent the co-
accused to inspect the premises and operations of the aforesaid
companies. They subsequently reported that the properties were
viable and in suitable condition.
5. In October 2020, the informant visited the office of Vascon
Engineers Ltd. and met director Mr. Vasudevan Murthy, his son
Mr. Siddharth Vasudevan Murthy, and other officials including
Mr. Somnath Biswas, Mr. S. P. Nair and Applicant herein, giving
formal willingness to purchase the said subsidiary companies. It was
mutually agreed that Siddhi Fibers, a partnership firm under the
informant’s ownership, would acquire Almet Corporation Ltd., while
Balaji builders and Developers, a partnership firm under the control
of the co-accused, would acquire Marathwada Realtors Pvt. Ltd. This
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decision was formally communicated to Vascon Engineers Ltd. by the
co-accused, and the total consideration for the acquisition of both
subsidiary companies was agreed upon at Rs.30,81,00,000/-,
pursuant to which a term sheet was executed.
6. Following the execution of the term sheet in October 2020, co-
accused stated that since Balaji Builders & Developers lacked
sufficient financial capacity, the transaction would instead be
executed through the newly formed partnership firm, Ramanuj
Ventures. In February 2021, a draft share transfer agreement
allocated 50% shares of Marathwada Realtors Pvt. Ltd to the
informant to 25% each to co-accused Raju and Sanjay, while 100%
rights to Almet Corporation Ltd. were to be assigned to Siddhi Fibers.
Applicant herein reconfirmed this share distribution via email in May
2023, though the original agreement remained valued at Rs. 30.81
Crore.
7. In September 2022, funds were remitted via RTGS from Yashas
Global to MIDC for land subdivision and conversion charges,
including Rs. 2,85,88,663/- for Almet Corporation Ltd. and Rs.
1,01,08,701/- for Marathwada Realtors Pvt. Ltd. On 12.05.2023,
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Vascon Engineers Ltd. confirmed receipt of Rs. 13.39 Crore from
Ramanuj Ventures, noting that Rs. 1,01,08,701/0 of this sum had
been utilized on 23.01.2021 for dividing Plot No. F-1/2. Out of the
total consideration, Rs. 1.53 Crore was funded by Siddhi Fibers, Rs.
55 Lakh was collected from clients, and Rs. 11.31 Crore was
transferred via specified RTGS and cheques from Ramanuj Ventures’
bank account to Vascon Engineers Ltd.
8. During the project, the co-accused promised to sell plots
through Marathwada Realtors, return the money belonging to Vascon
Engineers, and take the property in their own names. They then
began selling plots on the land measuring 16,760.05 sq. m. and
collected about Rs. 12.45 Crore as advance money, which was
deposited into the account of Ramanuj Ventures. On 20.01.2025, the
co-accused and Applicant Nair sent an SBI Bank NOC for Vascon
Engineers to the informant’s phone. When the informant went to
meet Applicant Nair regarding this on 23.01.2025, the meeting could
not take place and thereafter informant fell seriously ill. This medical
emergency led to hospital treatments followed by strict bed rest at
home in February 2025. Taking unfair advantage of this illness and
absence, the co-accused acted behind the informant’s back, created
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fake documents, removed the informant from their official position
and secretly transferred 100% of the partnership of Marathwada
Realtors into their own names on 28.03.2025, completely violating
the terms of their registered partnership agreement.
9. In May 2025, upon the informant questioning the status of
land registrations, the accused persons offered a false assurance,
claiming that 100% of the shareholding in Marathwada Raltors and
Almet Corporation had been transferred to their names strictly as a
temporary measure to alleviate the informant’s operational burdens
during his illness, alongside a false promise of rendering a full
account later. Despite prior valid agreements vesting complete
ownership of Almet Corporation including Plot No. F-1/1 in the
informant, the accused surreptitiously usurped the entire
shareholding of both entities. To back their actions, they artificially
inflated transaction value by Rs. 9 Crore penalty for delayed SBI
Bank NOCs, whereas Vascon Company Ltd. had officially reported the
actual sale consideration to the BSE and NSE on 31.03.2025 as Rs.
30.81 Crore.
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10. To consummate this illegal takeover, the co-accused forged the
informant’s signatures to cancel an earlier Share Transfer Agreement
from February 2021, replacing it with backdated documents executed
on 28.03.2025 and 31.03.2025. Following this fraudulent transfer,
the co-accused proceeded to develop and sell lands belonging to
Marathwada Realtors while routing the resulting sale proceeds
through Ramanuj Venture. Finally, the co-accused, acting in active
connivance with bank authorities, used forged signatures to secretly
operate and misappropriate funds from the partnership account of
Ramanuj Ventures. Therefore, the present First Information Report
came to be filed.
11. Learned Counsel for Applicant submits that admittedly
Applicant was a broker who had introduced informant and his
brother to the co-accused. It is his submission that Applicant only
played role of a mediator and received brokerage for the same.
According to him, there is absolutely no evidence to connect
Applicant with the crime in question. He also stated about Applicant
having cooperated in the investigation pursuant to the directions of
this Court while granting interim relief, his custodial interrogation is
not warranted.
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12. Learned APP and learned Counsel for the informant opposed
grant of any relief to the Applicant by submitting that there is
evidence in the form of account statement indicating that a sum of
Rs.9,00,000/- being paid to the Applicant, which shows that the
Applicant is the beneficiary of the crime. Apart from this, it is
pointed out that Applicant is the signatory to term sheet and hence,
it cannot be said that Applicant is alien to the crime in question.
13. Parties do not dispute the fact that Applicant is the broker and
and he introduced informant with the co-accused. Further, there is
no dispute about the fact that he is signatory to the term sheet
executed by informant and some of the co-accused. Though, there is
evidence to show that he received sum of Rs. 9,00,000/- in his
account, this however, is explained by the Applicant to be the money
received towards brokerage. In absence of any material to show
contrary, prima facie, this Court finds no reason not to accept the
said explanation of the Applicant. Mere signing of term sheet which
is not disputed document does not implicate Applicant in the crime.
Applicant, pursuant to grant of interim relief, has cooperated in the
investigation. Needless to say that for want of any allegation against
the Applicant of being party to any bogus or fabricated document,
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question of his custodial interrogation does not arise. Hence,
application is allowed in terms of the interim order.
14. Needless to state that the above observations are limited to the
extent of this application and the Trial Court shall not get influenced
by the same.
15. Pending application, if any, does not survive and stands
disposed of.
( R. M. JOSHI, J.)
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