IMRAN Vs. STATE OF MP

JUDGEMENT

(1.) This is the first application under section 438 CRPC for granting anticipatory bail filed by Imran in connection with crime number 1150/2019 registered at police Station Vijay Nagar District-Indore under Section 420 , 406 , 467 , 468 , 471 / 34 IPC.

(2.) Facts of the prosecution case in brief are that the petitioner floated a company in Indore in the name and style of Global Portfolio Management Advisory Company. In October, 2019, one Vinay Pathak, claiming himself to be advisor of the company, called and instigated the complainant Purshottam Bhanushali of Mumbai to invest money through his company in commodity trade. He further said that on behalf of the company Piyush Jain, who is operator of the Company, will call him. He will look after and manage his investment. On 02.09.2019, Piyush called and instigated him to invest money through their company. They allured him by assuring good returns on his investment. Convinced by their assurance, he agreed to invest money and transferred Rs.13,87,000/- in the account of Ananda Mandaloi as asked by Piyush Jain. After sometime when he asked for profit, Piyush started giving lame excuses and procrastinated the payment for one or the other reason. When he continuously insisted for payments, he stopped to respond his calls and even switched off his mobile after sometime. Suspecting their conduct, he came to Indore. On enquiry, for his utmost surprise, he found that no company in the name of Global Portfolio Management existed on the given address 208, Vijay Nagar Square, AB Road, Indore and the real name of Piyush Jain was Shubham Jain. He approached the police with voice call recording, whatsapp and text message chatting between him and Vinay Pathak and Piyush Jain and lodged a written complaint.

(3.) The police arrested Piyush Jain and Anand Mandaloi. Their mobile phones and documents of their accounts etc in which they got the money transferred /deposited were seized. On further investigation, it was found that the SIMs used in calling the complainant were procured by fake names and identities and by submitting fake and forged KYCs. Sohail Sheikh, who deals in sale of SIMs and mobile phones in the name of Al-Zilani Communications had issued those SIMs by using Photo and identity documents submitted by Jabruddin and Sheikh Chand at the time of purchase of Jio mobile phones. Sohail Sheikh was arrested by the police. He revealed that he issued the SIMs on the basis of fake KYCs etc. to Imran (petitioner), Kamal Bhai and Vivek Peshwani. All three are absconding till date.