Mumbai: The sessions court has set aside the order passed by magistrate court declaring arrest of the 26-year-old businessman as illegal and his subsequent bail. He was arrested in connection with cheating and misappropriation of funds to the tune of Rs 2.26 crore.
The case was registered with Versova police station on October 30, 2024. Andheri-based businessman Ajitkumar Udiyar was arrested in November last year for his involvement in the fraud case.
As per the complaint by Minakshi Rahul Kapuria, she had received a call from the relationship manager of a private bank Payal Kothari, who had promised her high returns on her investment. Payal had gained the confidence of the complainant and managed to withdraw Rs 2.26 crore from the account of the complainant. The funds were transferred to the account of a company called Mamta Enterprises.
During the probe, the police found that the funds were ultimately transferred to Sakti Enterprises, a firm owned by Udiyar. He was arrested and produced before the magistrate court, Andheri, on November 25, 2024. The court held his arrest illegal on the ground that the investigating officer had not followed the due procedure while arresting him. The court on the same day granted him bail.
The police had approached the sessions court against the order. It was contended that in cases where the punishment is of seven years imprisonment or below, the police has to provide a notice and grounds of arrest to the accused.
It was further pointed out that the same is not mandatory in the cases where offence is punishable up to life imprisonment. The accused here are booked for criminal breach of trust and are punishable for life imprisonment. Besides, it was argued that the grounds of arrest were provided to him in writing.
Hence the court, after hearing the pleadings of the prosecution, held that the order of the magistrate was illegal. The court has now granted liberty to the officer to seek cancellation of his bail before the magistrate court.
