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Bombay High Court

ZAFAR MEHENDI WASIK HAIDERversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dismissed

Holding

The bail application was dismissed as the applicant failed to make out a case for bail.

Summary

The applicant, Zafar Mehendi Wasik Haider, sought bail for offences under the BNS Act, 2023 and the MPID Act, 1999 arising from a complaint that he, as promoter‑director of High Vincent Pvt Ltd, induced a scrap dealer to invest money with promises of returns, which later defaulted. The prosecution alleged that the company accepted public deposits, issued cheques that were dishonoured, and that the applicant actively participated in the scheme, as evidenced by an undertaking he gave on behalf of the company. The applicant contended that he was merely a non‑executive director, was implicated only because he is the brother of a co‑accused, and that the matter is essentially a civil dispute; he also invoked parity with bail granted to other co‑accused. The court examined the chargesheet, finding documentary evidence of the applicant’s role as promoter‑director and his undertaking not to accept deposits without compliance with the Companies Act, 2013, thereby rejecting the claim of non‑involvement. Consequently, the court held that the applicant failed to establish a case for bail and dismissed the application.

Issues considered

  • Whether the applicant’s role as promoter‑director of the company makes him liable for the offences under the BNS Act and MPID Act.
  • Whether the provisions of the MPID Act, 1999 are applicable to the facts of the case.
  • Whether bail should be granted on the basis of parity with co‑accused who have been released.
  • Whether the dispute is a civil matter disguised as a criminal offence.

Legislation cited

Subjects

  • bail
  • cheating
  • deposit scheme
  • MPID Act
  • company promoter
  • civil vs criminal
  • parity
  • high court

Judgment

                                                      40-BA-4834-2025

                                                      Navnath Waghmare




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

        CRIMINAL BAIL APPLICATION NO. 4834 OF 2025
Zafar Mehendi Wasik Haider                            …Applicant
      Versus
The State of Maharashtra                              …Respondent

Mr. Mubin Solkar, Tahir Hussain, Anas Shaikh for the Applicant.
Mr. A.R. Kapadnis "B" Panel counsel for Respondent
Mr. Rushit P. Thakkar for Respondent No.2.




                    CORAM:         R. M. JOSHI, J.

                    DATED:         08th APRIL, 2026
PC:-

1.      By this Application, the Applicant seeks his enlargement on

bail in connection with C. R. No. 664 of 2025, registered with

Bhiwandi City Police Station for the offences punishable under

Sections 316(2) , 318(4), 351(2), 352 of the BNS Act, 2023 and

offence under section 3 of MPID Act 1999.


2.      It is the case of the prosecution that a complaint was

lodged by the informant, who is engaged in the business of selling

scrap material. It is alleged that on 17/04/2023, while the



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complainant was present at his shop, one Ramsuresh Varma, who

is known to him, visited along with one co-accused, namely Shafiq

Wasik Haider. The said Ramsuresh Varma introduced the co-

accused to the complainant as a Director of a High Vincent Pvt.

Ltd, stating that he owned power looms at Bhiwandi and also

operated a pathology laboratory at Ulhasnagar. It is further alleged

that the accused persons induced the complainant to invest money

in their business ventures by assuring that a return of 10% profit

on the principal investment would be paid. Acting upon such

representations, the complainant allegedly invested amounts with

the accused persons. Subsequently, it is alleged that as the accused

failed to return the invested amount along with the promised

returns, thereby cheating the complainant. Thus, the present crime

came to be registered and the charge-sheet came to be filed against

the present Applicant, and he is presently in judicial custody.


3.      Learned Counsel for the Applicant submits that present

Applicant is implicated only by the reason that he is the brother of

other co-accused, namely Shafiq Haider. He also submits that there

is delay of 8 months in registering FIR and the applicant was never

named in the said FIR or the supplementary statement recorded, so



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also it's contended that this is a purely civil dispute and only to

recover the unpaid dues, this is being given a cloak of criminal

offence by alleging cheating and invoking offence under MPID Act.

According to him the co-accused is granted bail by Sessions Court

and another accused is granted pre-arrest bail by Hon'ble High

Court.


4.       He therefore seeks bail on parity. On merits, it is argued

that applicant has never sought any investment from any investors

or any documents in connection to Financial Establishment, so he

cannot be implicated as an accused in the present crime and that

he   was   only   a   non-executive          director   of   the   Financial

Establishment and had no knowledge of day to day functioning of

the company. According to him, the trial is not likely to complete

within reasonable time.


5.       The learned APP and the counsel for the informant

opposed the above submissions and supported the order passed by

Trial Court and points out the role of applicant to substantiate that

this is not the case of bail being extended to the applicant. In this

regard reference made to various documents in the chargesheet

showing active participation of the applicant in crime.


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6.      Pirma-facie, this court has to see as to whether the

provisions of Sections of MPID act would have application to the

present case and that involvement of the applicant in the crime in

question is seen or not.


7.      Perusal of the chargesheet indicates that High Vincent

Private Limited accepted deposits from the informant and others,

assuring them of handsome returns thereon. The fact of receipt of

the deposits is not in dispute more so it cannot be disputed in view

of the fact that against the repayment of the deposits, cheques

were issued on behalf of the company which were disonoured. This

fact support the contention of informant with regard to them being

induced to deposit the amount with no intention to return the

same as assured. This fact also explains the alleged delay was in

lodging of the First Information Report.


8.      Now question arises as to whether there is role of the

present applicant in the crime in question and as to whether there

is any material in the chargesheet to indicate so. Record shows that

the applicant is the Promoter-Director of the company. The



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company came to be established and registered at his instance.

There is further documentary evidence on record to indicate that

an undertaking given by the applicant on behalf of the company to

the effect that the company shall not and will not accept public

deposits unless comply provisions of the Companies Act, 2013 and

other relevant laws. Submission of an undertaking so also the fact

that the applicant is Promoter of the company indicates that his

active involvement in the affairs of the company, this cannot be

said that the applicant has no concern with the activities of the

company.


9.      Learned counsel for the Applicant has clarified that

inadvertantly it was mentioned in the application that the

applicant is Non-Executive Director. Though, it was stated so, the

counsel for the applicant deserves to be given benefit of doubt for

making such statement, thus, though the application does not

deserve to be rejected on that count. On merit of the case,

applicant has failed to make out any case for grant of bail.


10.     In so far as the claim of parity sought by the applicant.

Perusal of the orders passed in favour of the co-accused granting

regular bail as well as Anticipatory Bail indicates that the role


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attributed to the their case is entirely different than the present

applicant. One of the accused granted bail is a lady. Needless to say

that the said accused persons were promoter of the company nor

there is anything on record to indicate that they undertook not to

accept the deposits unless compliance of the law is made thus this

is not a case of applying party to grant bail to the applicant.


11.     Consequently, applicant has failed to make out any case for

grant of bail.


12.     Application therefore, stands dismissed.



                                                    (R. M. JOSHI, J.)
                                                                        {




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