Bail Denied in Large-Scale Investment Fraud under MPID Act.


04-September-2025 Bail and Antcipatory Bail >> Criminal Law  

Before the Court once again came an application under Section 439 of the Code of Criminal Procedure, 1973, in which the accused applied for regular bail in relation to Crime Register No. 52 of 2022, which was filed at Bhandup Police Station. The complaint was lodged against offences under Sections 406, 409, 420 read with Sections 34 and 120-B of the Indian Penal Code, along with Sections 3 and 4 of the Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999 (MPID Act).

The prosecution case explained how the complainant, a government servant, was induced by a friend to invest in a scheme floated by Mars Finnmart. The accused, presenting themselves as money experts, assured a regular 5% monthly return and even arranged bank loans in the name of the complainant, guaranteeing that installments would be managed. Relying on these guarantees, the documents of the complainant were gathered, loans authorized, and an amount of approximately Rs. 38 lakhs transferred into his account, out of which Rs. 34.30 lakhs were immediately transferred to the account of the applicant. Agreements and a cheque were given in guarantee of monthly returns, but nothing materialized after an initial payment. Later, Mars Finnmart's office was closed, and it was revealed that some others were also cheated similarly.


 

 

The learned advocate for the petitioner raised several grounds: that the Designated Court under the MPID Act had no jurisdiction to prosecute IPC offences; that such offences as conspiracy were misconstrued; that part repayments had already been effected; that some complaints remained untested by way of witness statements; and that identical allegations in another FIR had previously led to bail. He also based his argument on precedents such as Arnesh Kumar v. State of Bihar and Satender Kumar Antil v. CBI to contend that pre-trial detention should not replace punishment.

The prosecution, nevertheless, resisted granting of bail, highlighting the seriousness and magnitude of fraud. It was argued that over 127 investors were induced to part with amounts totaling around Rs. 7.29 crores, with the applicant diverting substantial amounts to personal benefit. The prosecution highlighted that the applicant was a repeat offender with earlier cases of similar nature, and cautioned against risk of recidivism if enlarged on bail.

After consideration, the Court held that the Designated MPID Court, being essentially a Sessions Court, had complete powers to prosecute IPC offences in addition to MPID offences. The acceptance of the applicant's argument would lead to multiplicity of trials and non-uniform results, which the Legislature never intended while establishing a special forum for safeguarding depositors. The Court also held prima facie material to show entrustment of funds, misappropriation, and fraudulent inducement, for which Section 409 IPC applies. The contention that the investments were not "deposits" within the MPID Act was a trial court matter and not to be decided at the bail stage.

The Court also discarded reliance on parity with an earlier bail order, observing the current case concerned much larger amounts and much more victims. Relying upon precedents to the effect that economic offences with deeply entrenched conspiracies are on a different footing because of their impact on public confidence and the financial system, the Court did not see any exceptional or mitigating circumstances to justify release.

In weighing the individual freedom of the applicant against the seriousness of the offence, the offender's antecedents, and the danger they posed to society, the Court decided that granting bail at this time would dishearten the public from having faith in the justice system.

In accordance, the application for bail was denied.


Section 3, The Maharashtra Protection Of Interest Of Depositors (In Financial Establishments) Act - 1999  

Section 4, The Maharashtra Protection Of Interest Of Depositors (In Financial Establishments) Act - 1999  

The Maharashtra Protection Of Interest Of Depositors (In Financial Establishments) Act, 1999  

Section 34., Indian Penal Code - 1860  

Section 120B., Indian Penal Code - 1860  

Section 406., Indian Penal Code - 1860  

Section 409., Indian Penal Code - 1860  

Section 420., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 439., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973