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Bombay High Court

YOGESH SHARAD KADAMversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the applicant does not merit bail and dismissed the bail application.

Summary

The Bombay High Court considered a bail application under Section 439 of the CrPC (and the analogous provision in the Bhartiya Nagrik Suraksha Sanhita) filed by Yogesh Sharad Kadam, the managing director of Season Worlds, who was charged with cheating offences under IPC sections 420, 406, 409 read with 34, as well as provisions of the Bhartiya Nyay Sanhita and the Maharashtra Protection of Interest of Depositors Act. The prosecution alleged that Kadam lured investors with promises of 14% monthly returns, collected over Rs 5.32 crore, and failed to deliver any returns after the first month, diverting the money into a group of companies and a Dubai entity. The applicant argued for bail on the basis of parity with co‑accused who had been released and cited his willingness to cooperate after 19 months of incarceration. The court rejected the parity argument, noting the seriousness of the fraud, the risk of further misappropriation, the attachment of the applicant’s property, and the lack of any bonafide justification. Consequently, the bail application was dismissed and the related interim application disposed.

Issues considered

  • Whether bail should be granted to the accused director in a large‑scale cheating case involving alleged investment fraud.
  • Whether the principle of parity with co‑accused who obtained bail applies in the present circumstances.
  • Whether the applicant’s time already spent in custody and alleged cooperation justify release on bail.
  • Whether the attachment of the applicant’s assets and the risk of further misappropriation affect the bail decision.

Legislation cited

Subjects

  • bail
  • cheating
  • investment fraud
  • IPC 420
  • Section 439 CrPC
  • Maharashtra Protection of Interest of Depositors Act
  • financial scam
  • parity principle

Judgment

                                                                            26.BA.3933.2025.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                               BAIL APPLICATION NO.3933 OF 2025

              Yogesh Sharad Kadam                                      .. Applicant
                         Versus
              The State of Maharashtra and Anr.                        .. Respondents

                                             WITH
                             INTERIM APPLICATION NO.4432 OF 2025
                                              IN
                               BAIL APPLICATION NO.3933 OF 2025

              Arti W/o. Vinayak Gupte                                  .. Applicant
              IN THE MATTER BETWEEN:
              Yogesh Sharad Kadam                                      .. Applicant
                         Versus
              The State of Maharashtra and Anr.                        .. Respondents
                                         .................…

               Mr. Salman Pathan a/w. Mr. Prasad Arun Kamthe, Advocates for
                Applicant.
               Mr. Yogesh M. Nakhwa, APP for Respondent No.1.
               Mr. Kuldeep U. Nikam a/w. Mr. Jitendra S. Sawant, Advocates i/by
                Om N. Latpate for Respondent No.2.
               WPC/8069 – Shelar Rani, EOW, Pune City.
                                             ...................

                                            CORAM : MILIND N. JADHAV, J.
                                            DATE          : AUGUST 18, 2026
              P.C.:

              1.        Heard Mr. Pathan, learned Advocate for Applicant; Mr.

              Nakhwa, learned APP for Respondent No.1 – State and Mr. Nikam,

              learned Advocate for Respondent No.2.


              2.        This is an Application under Section 439 of Code of Criminal

              Procedure, 1973 (for short ‘Cr.P.C.’) corresponding to Section 483 of


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the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking Bail in connection

with C.R. No.284 of 2023 registered with Sahakarnagar Police Station

for offences punishable under Sections 420, 406, 409 read with

Section 34 of the Indian Penal Code, 1860 corresponding to Sections

318, 316 read with Section 3(5) of Bhartiya Nyay Sanhita, 2023 and

Sections 3 and 4 of the Maharashtra Protection of Interest of

Depositors Act, 1999.


3.        Applicant is arraigned as Accused No.1 in the present Crime.

He is seeking release on regular bail by virtue of the present

Application. There are 7 Accused persons in the crime and the first

contention of Mr. Pathan is that Accused Nos.2 to 4 have been granted

bail / Anticipatory bail by this Court and therefore on parity as well as

Applicant having been spent 19 months in incarceration and Applicant

is ready and willing to cooperate, Applicant should be released on bail.


4.        At the first blush, submission appears to be strong but I am

not inclined to accept the same, rather reject the same forthwith for

more than one reason. Applicant is the owner / Director and was

carrying on business in a Company called Season Worlds engaged in

providing online services and more specifically focused on investments

in stock market, Forex Trading and         Crypto Currency.       Case of

prosecution stems from the fact that Applicant lured investors and

more specifically atleast six victims who are before the Court into



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making investments in his Company by promising them very high

returns to the tune of approximately 14 percent per month. One such

investor duly represented by Advocate – Nikam whose name is Dilip

Govind Naik is before the Court. He is the Complainant.


5.        Investigation by prosecution has revealed that Complainant

invested Rs.2.20 Crores of his retirement dues with Applicant –

Company some time in July – 2023. However in order to gain his

confidence, Applicant gave him return of Rs.2.8 Lakhs in the first

month immediately thereafter.      Such was the modus operandi of

Applicant in having lured five another investors to the tune of Rs.5.12

Crores. After the first month all returns dried and investors were left

in the lurch to fend for themselves.


6.        The First Information Report (for short ‘FIR’) was thereafter

filed for the offences of cheating. Private Complainant has himself lost

Rs.2.17 Crores. Investigation further revealed that none of the other

investors have got any returns on their any amounts. The FIR was

lodged on 08.11.2023.      Investments were taken by the Applicant

between February – 2022 and September – 2023 from the victims.

Applicant was arrested on 04.01.2025.


7.        In this background, Mr. Pathan has vehemently submitted

that in view of Accused Nos.2 to 4 having been granted bail /

Anticipatory bail, Applicant has made out strong case on parity. I do


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not subscribe to the said submission at all. Applicant being Managing

Director of the Company called Season World Company virtually lured

investors. There is grave possibility that apart from the victims who

are before the Court there will be many others also.


8.        What is more shocking and which goes to the root of the

matter, is the statement of the Applicant. Applicant has audacity to

submit that he has invested the amounts received from the victims

with some Company in Dubai. The details of the said Company and

the names of the person running the said Company in Dubai are given

to the prosecution.    However, in so far as the present crime is

concerned, it is seen that modus operandi of the Applicant was to lure

gullible investors by promising them high returns in his Company

called Seasons Capitalz by showing flow charts of dynamic returns @

14% per month which translates as a guarantee payout. This 14% per

month pay out virtually translates into 168 % returns per annum. Such

was the lure which is prima facie seen from the material which is

accumulated / assimilated by the prosecution which was shown to the

gullible investors by Seasons World Captialz by stating that they would

be operating in the international currency market.


9.        What is crucial is that the Company lured the investors by

placing before them an interlock system for getting the clients

approved after making provision for the the monthly payouts. As is the



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case of Complainant before the Court, he was given a monthly payout

of Rs.1.28 Lakhs in order to gain his confidence. Notwithstanding the

fact that the Company had provided to the client an exit for

withdrawing the invested amount in the system without any restriction

from the Company owner, the same was nothing but a ploy by the

Company and the Applicant as a point of no return.


10.       Prima facie, evidence is placed before the Court by Mr.

Pathan to the effect that the Dubai Company did not return the

investment of the amounts invested by the Applicant and therefore the

Applicant was unable to pay his clients. We can understand if there is

a business relationship with their clients but here is a case where once

the monies are taken by the Applicant’s Company, the Applicant has

thereafter diversified and introduced the said amount to his group of

Companies which are not known even to the Complainant or investors

namely Season Worlds Group of Companies comprising of Season

Worlds Corporation, Season Worlds Capitalz, Season Worlds Urban

Nidhi Limited, Season World Holidays, Season Worlds Developer.

Being Managing Director of this Season World Group of Companies,

the Applicant therefore cannot shirk his responsibility.


11.       Property worth only Rs.87 Lakhs, comprising of two flats

belonging to the Applicant has been attached by the prosecution. This

itself shows the conduct and the modus operandi of the Applicant.



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There are no bonfafides forthcoming from the Applicant either. As a

matter of right, the Applicant pleads that he should be released on bail

on parity. On the issue of parity, the Applicant cannot have any case.

The three persons who have been let out on bail /Anticipatory bail

were unfortunately the employees of the Applicant himself and his

Company. This is what the Court has considered while letting them

out on bail. The substantive material placed by prosecution on record

in my opinion is such that the Applicant has cheated gullible investors.

It is also equally true that investors should also keep their eyes wide

open when they enter into such transactions but it is ultimately the

fragility of the human mind that lures them into such investments.


12.       In such cases, people like Applicant hold the upper hand.

The case of Applicant rather his conduct is not free from doubt at all.

There are antecedents against the Applicant and therefore in my

opinion, the Applicant deserves to remain in jail.       Yesterday i.e.

17.08.2026 when the matter was heard fully and was kept today, an

offer was extended to the Applicant to show his bonafides to the extent

of the case of prosecution and bring back the monies as he had

received them by any means. Applicant took advantage of that offer

given by the Court after hearing all the parties and today holding his

head up high informs the Court that he is not in position but deserves

bail on parity.



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                  13.                For all the aforesaid reasons and observations, Applicant

                  does not deserve to be let out on bail.


                  14.                Bail Application is dismissed. In view of dismissal of Bail

                  Application, pending Interim Application is also disposed accordingly.




H. H. SAWANT                                                     [ MILIND N. JADHAV, J. ]


                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.08.19
                            10:03:31 +0530




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