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Bombay High Court

RAMESH NAVRANG YADAVversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court granted bail to all four accused subject to the stipulated conditions.

Summary

The Bombay High Court heard four bail applications (BA Nos. 3579/2025, 313/2026, 4074/2025, 4643/2025) filed by accused Nos. 8, 9, 10 and 11 who were charged with cheating and forgery in a Rs. 54 crore fixed‑deposit fraud alleged against the Mumbai Metropolitan Region Iron & Steel Market Committee. The prosecution alleged that the accused were involved in forging deposit receipts and receiving large sums, while the accused contended that they were merely employees or business partners and had no direct benefit. The State argued that a prima facie case existed and that the principal accused was absconding, urging denial of bail. The court examined the material on record, noted the absence of any incriminating evidence against the four accused and the fact that the principal accused was at large, and therefore found the prima facie case against them weak. Consequently, the court granted bail to all four applicants subject to a detailed set of conditions, without expressing any opinion on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused persons charged with cheating and forgery in the fixed‑deposit fraud case.
  • Whether the prosecution has established a prima facie case sufficient to justify denial of bail.
  • Whether the conditions imposed by the court are appropriate to ensure the accused's appearance and prevent tampering with evidence.

Subjects

  • bail
  • cheating
  • forgery
  • fixed deposit fraud
  • prima facie case
  • Criminal Procedure Code
  • conditions of bail
  • high court order

Judgment

                                         12.BA.3579.2025-common order.doc



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

               BAIL APPLICATION NO.3579 OF 2025

Shahanawaz Abdul Rasheed Khan                   .. Applicant
           Versus
The State of Maharashtra                           Respondent

                            WITH
               BAIL APPLICATION NO.313 OF 2026

Amish Kumar Tribhuvan Srivastav                 .. Applicant
           Versus
The State of Maharashtra                           Respondent

                             WITH
               BAIL APPLICATION NO.4074 OF 2025

Nikunj Mahesh Joshi                             .. Applicant
           Versus
The State of Maharashtra                           Respondent

                             WITH
               BAIL APPLICATION NO.4643 OF 2025

Ramesh Navrang Yadav                            .. Applicant
           Versus
The State of Maharashtra                           Respondent
                              ....................
     Mr. Ganesh Gupta a/w. Mr. Sahil Ghorpade, Mr. Shivkumar S.
      Bais, Mr. Madan Khansole, Mr. Surya P. Gupta i/b. G. G. Legal
      Associates, Advocates, for the Applicant in B. A. No. 3579 of
      2025.
     Mr. Bhushan Mahadik a/w. Ms. Neha Sule i/b. Mahadik And
      Associates, Advocates for Applicant in B. A. No. 313 of 2026.
     Mr. Pradyumna D. Sharma a/w. Mr. Digvijay Kachare, Mr.
      Gautam P. Khobragade, Mr. Vinod Gupta, Advocates for
      Applicant in B. A. No. 4074 of 2025.
     Mr. Saugata Hazra a/w. Ms. Maitrayee Gadhave & Mr. Vaibhav
      Gadekar, Advocates for Applicant in B. A. No. 4643 of 2025.
     Mr. Sukanta A. Karmakar and Ms. Anuja S. Gotad, APP's for the
      Respondent - State.

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      Mr. Dinesh Adsule a/w. Mr. Vaibhav Bhole & Mr. Chinmay
       Bhole, Advocates for Respondent No. 2 / Original Complainant
       in B. A. No. 313 of 2026.
      Mr. Ramishwar Parve, API, Crime Branch, Unit-III, Panvel, Navi
       Mumbai present.
                              ...................

                             CORAM : MILIND N. JADHAV, J.

                             DATE     : SEPTEMBER 03, 2026

P.C.:

1.         Heard learned Counsel for the Applicants, learned APP for

the Respondent - State and learned Counsel for Respondent No.

2/Original Complainant B. A. No. 313 of 2026.


2.          This is a group of four Bail Applications heard and decided

together in view of commonality of facts by this common order. In B.

A. No. 313 of 2026, the Applicant is Accused No. 11 duly represented

by Mr. Mahadik, Advocate. In B. A. No. 3579 of 2025, the Applicant is

Accused No. 9 duly represented by Mr. Gupta, Advocate. In B. A. No.

4074 of 2025, the Applicant is Accused No. 10 duly represented by Mr.

Sharma, Advocate. In B. A. No. 4643 of 2025, the Applicant is Accused

No. 8 duly represented by Mr. Hazra, Advocate. All of them have been

indicted in the same crime for cheating and forgery by virtue of an FIR

registered on 10.06.2024. Mr. Adsule, learned Advocate appears on

behalf of the Complainant in all 4 Bail Applications which is the

Mumbai Metropolitan Region Iron & Steel Market Committee (for

short "MMRISMC") which is the Semi Government Organization. The

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prosecution team is led by Mr. Karmakar and Ms. Gotad. Briefly stated

according to the prosecution case, Accused No. 1 who is the principal

in the present case approached the office of the MMRISMC and

persuaded them to invest in fixed deposits of UCO Bank. It is not only

intriguing but highly surprising that between 01.06.2022 and

30.05.2024, the said MMRISMC invested a humongous amount of Rs.

54 Crores on the persuasion and request made by Accused No. 1 one

Mr. Suman Sharma claiming to be an officer of the UCO Bank. After

two years when it was revealed in the statutory audit that there was

some discrepancy regarding returns it was seen that there was no such

Bank as UCO Bank, where the deposits were made. In that view of the

matter, an FIR came to be registered on 10.06.2024 and investigation

was carried out. The investigation revealed that the fixed deposit

receipts given by Mr. Sharma to the MMRISMC were, in fact, forged,

fabricated and the monies which were taken by Mr. Sharma by way of

investments in fixed deposits and were in fact deposited in fictitious

accounts and the monies were siphoned off. Though it is informed and

apprised to the Court that for a period of two years, certain interest

was also received by the said MMRISMC on their investments, that

probably may have been the reason to lure the MMRISMC into making

more and more deposits so that confidence of the MMRISMC could be

gained. In the aforesaid facts, there are four Applicants before me who

are arraigned as Accused in the present crime. Mr. Mahadik, learned

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Counsel very long represents Accused No. 11, who was working for a

very long period of its 27 years with the MMRISMC as its Executive

Officer. He would submit that he was not the signing authority and he

has never issued any cheque whatsoever to Mr. Suman Sharma for the

purpose of deposit. He would, in fact, apprise the Court that all

cheques which were issued to Mr. Suman Sharma for the contentious

period between 2022 and 2024 were issued by the Chairman and CEO

who have, in fact, not to be been arraigned as Accused persons rather

they find themselves to be into the shoes of the Complainant. He

would submit that the prosecution has filed three Charge-sheets

pursuant to investigation and Accused No. 11 finds his name having

been reflected in the third Charge-sheet on the ground that he was a

privy to what had transpired regarding the investments made. Insofar

as Accused No. 9 is concerned, Mr. Gupta, learned Counsel would

submit that save and except the fact that Accused No.9 was having a

rubber stamp manufacturing shop, there is nothing amiss qua his role

in the present crime. He would submit that according to the

prosecution case, he has been charged with replication of a receipt

given to him by one of his friends, who is arraigned as Accused No. 8

and represented by Mr. Hazra. He would submit that, that apart,

according to the prosecution, Accused No. 9 has received Rs.1.59/-

lacs, as the alleged proceeds of crime but according to his explanation,

this amount is received over a substantial period of time intermittently

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from Accused No. 8 in view of his business relationship with Accused

No. 8. Insofar as Accused No. 8 is concerned, represented by Mr.

Hazra, case of the prosecution is that Accused No. 8 has received an

amount of Rs. 12.75/- lacs in his account from the principal Accused

No. 1. According to Mr. Hazra, this amount was friendly loan given to

him by Accused No. 1 and beyond that he would not be in a position to

say anything. Insofar as Accused No. 10 is concerned duly represented

by Mr. Sharma, he would submit that he is a businessman and into

trading business. He would submit that the case of the prosecution qua

him is about he having received Rs. 14 Crores in his account. However,

he has sought to give an explanation to the same for it to be a loan

having procured by him from some NBFC and papers to that effect are

placed on record. However, he would further inform the Court that

even according to the prosecution, this amount of Rs. 14 Crores which

was received by him in his never account was paid over further to

Accused No. 1 and was never retained by him save and except an

amount of Rs.63/ lacs which was withdrawn by him from the said

account. That apart, the prosecution wad has also alleged that Accused

No. 10 had signed rather was the signatory of some fixed deposit

receipt.


3.         Insofar as the case of the Complainant is concerned, Mr.

Adsule has very forcefully persuaded me to not grant bail to the

Applicants and stated that in the event if the Court is ready to grant

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bail to the Applicants, the Applicants be put to terms & conditions qua

the monies they have received and they be asked to deposit amounts to

show their bonafides. Mr. Adsule would submit that insofar as Accused

No. 11 is concerned, he was the Executive Officer and working in the

office of the MMRISMC and was having full knowledge visit about all

persons who used to visit the office of the MMRISMC for work. He

would go to the extent of stating that Accused No. 11 was hand in

glove and in collusion with the principal Accused No. 1 - Mr. Suman

Sharma. However, he would submit that insofar as Accused No. 11 is

concerned, it is not shown by the prosecution case that he was a

beneficiary. In support of his above submissions, he would refer to and

rely upon the Affidavit-in-reply dated 16.03.2026 filed by the

Interveners. With regard to Accused Nos. 8, 9 & 10, he would submit

that their role as per the prosecution case was involvement in forgery

and in giving the cheques which were involved and receiving different

amounts in their Bank accounts. He would, therefore, persuade the

Court to consider putting conditions to the Applicants.


4.        Learned prosecutors Mr. Karmakar and Ms. Gotad, who

would adopt the submissions made by Mr. Adsule and would submit

that a large scale fraud has been played on MMRISMC to the extent of

Rs.54 Crores and therefore, this Court should be cautious before

releasing any of the Accused persons on bail, since a prima facie has

been made out against them. I have considered the submissions

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advanced by learned Counsel at the bar and perused the record of the

case with their able assistance.


5.        Prima facie, I find that insofar as the principal Accused No. 1

Mr. Suman Sharma is concerned, he is absconding. The prosecution is

not in a position to show as to where the end tracing of the funds of

Rs. 54 Crores received by Mr. Suman Sharma has ultimately been

received and by which of the Accused persons. The peripheral role of

Accused Nos. 8, 9 and 10 in the present case, prima facie, enables me

to consider their case for grant of bail. Insofar as Accused No. 11 is

concerned, he has made out a very strong case for grant of bail in view

of the fact that save and except, he having proximity of being an

employee of the MMRISMC, there is nothing incriminating which has

been shown by the prosecution or he having been shown as a

beneficiary. Mr. Suman Sharma the principal protagonist is not in jail

but he is released.


6.        In view of the aforesaid, I am inclined to grant bail at this

prima facie stage to all four Accused persons before me as I am

convinced by the submissions made by their respective Advocates.


7.        Hence, in view of above prima facie observations and

finding, Bail Applications of the 4 Applicants before me are allowed

subject to the following terms and conditions:-




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(i)   The Applicant - Shahanawaz Abdul Rasheed

      Khan is directed to be released on bail in

      connection with C. R. No. 206 of 2024 registered

      with Kalamboli Police Station, Raigad, upon

      furnishing a P. R. Bond in the sum of Rs.

      25,000/- (Rupees Twenty Five Thousand Only)

      with one or two sureties in the like amount to the

      satisfaction of the Judicial Magistrate First Class,

      Panvel in R.C.C.No. 876 of 2024;


(ii) The    Applicant    -   Amish    Kumar      Tribhuvan

      Srivastav is directed to be released on bail in

      connection with C. R. No. 206 of 2024 registered

      with Kalamboli Police Station, Raigad, upon

           furnishing a P. R. Bond in the sum of Rs.

      25,000/- (Rupees Twenty Five Thousand Only)

      with one or two sureties in the like amount to the

      satisfaction of the Judicial Magistrate First Class,

      Panvel in R.C.C.No. 876 of 2024;


(iii) The Applicant - Nikunj Mahesh Joshi is directed

      to be released on bail in connection with C. R.

      No. 206 of 2024 registered with Kalamboli Police

      Station, Raigad, upon furnishing a P. R. Bond in



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    the sum of Rs. 25,000/- (Rupees Twenty Five

    Thousand Only) with one or two sureties in the

    like amount to the satisfaction of the Judicial

    Magistrate First Class, Panvel in R.C.C.No. 876 of

    2024;


(iv) The Applicant - Ramesh Navrang Yadav is

    directed to be released on bail in connection with

    C. R. No. 206 of 2024 registered with Kalamboli

    Police Station, Raigad, upon furnishing a P. R.

    Bond in the sum of Rs. 25,000/- (Rupees Twenty

    Five Thousand Only) with one or two sureties in

    the like amount to the satisfaction of the Judicial

    Magistrate First Class, Panvel in R.C.C.No. 876 of

    2024;


(v) The Applicants shall not, directly or indirectly,

    make any inducement, threat or promise to any

    person acquainted with the facts of the case to

    dissuade that person from disclosing the facts to

    the Court or any police officer and shall not

    tamper with evidence;


(vi) The Applicants shall, within three (3) days of

    their   release   from   jail,     provide      to   the


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     Investigating Officer, Kalamboli Police Station,

     Raigad,    their   residential     addresses,    contact

     numbers,     e-mails    and      must       inform    the

     Investigating Officer about any change in the

     same from time to time;


(vii) The Applicants shall surrender their passports to

     the Court of the Judicial Magistrate First Class,

     Panvel, in R.C.C.No. 876 of 2024 within three

     days of their release from jail;


(viii)The Applicants shall report to the Investigating

     Officer, Kalamboli Police Station, Raigad on the

     2nd and 4th Saturday of each month from 11.00

     am to 12.00 noon till conclusion of trial in

     R.C.C.No. 876 of 2024;


(ix) The Applicants shall regularly appear before the

     Judicial   Magistrate    First     Class,    Panvel    in

     R.C.C.No. 876 of 2024 as and when the matter is

     fixed, unless specifically exempted;


(x) If the Applicants abstain from appearing before

     the Trial Court, then the same would be

     considered as a breach of Court conditions and

     the Court would be at liberty to pass appropriate

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                                    orders;


                         (xi) The Applicants shall not leave India without prior

                                    permission from the Court.


        8.               It is clarified that the observations made in this order are

        limited for the purpose of granting bail only and I have not made any

        observations on merits of the case. The trial shall be adjudicated on the

        strength of the evidence led and strictly on its own merits being

        uninfluenced with any of the prima facie observations made

        hereinabove in this order.


        9.               All four Bail Applications, being B. A. No. 3579 of 2025, B. A.

        No. 313 of 2026, B. A. No. 4074 of 2025 and B. A. No. 4643 of 2025

        are allowed and disposed of in the above terms.




Anand                                                  [ MILIND N. JADHAV, J. ]

                         Digitally signed
             RAVINDRA by RAVINDRA
                      MOHAN
             MOHAN    AMBERKAR
             AMBERKAR Date: 2026.09.04
                         17:52:46 +0530




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