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The prosecutor argued that Chandan misled individuals into securing loans under the guise of accessing government schemes benefits. They added that a proportion of these disbursed funds was distributed between Chandan and accused No.3 as commissions, with the funds routed through Dakshit’s bank account and cash transactions.
The Bombay High Court has recently denied bail to a man who was booked for duping Rs. 52 lakhs under the pretence of securing government schemes.
The man also told the victim that she would not need to pay the EMI if she referred other individuals to the scheme.
A single-judge bench of the high court comprising Justice RN Ladha was hearing a bail application filed by Chandan Khengarji Gohil who was booked by Vartaknagar Police Station, Thane under section 420 of IPC.
The prosecution alleged that Chandan and others persuaded the informant to pay them a total of Rs.52,41,003 under the pretence of securing benefits from various government schemes, including Loan Subsidy, Apang Yojana, and the Pradhan Mantri Awas Yojana. Instead of delivering the promised benefits or refunding the collected amounts, the applicants embezzled the funds and deceived the informant.
The applicant contended that in 2022, Chandan sought financial assistance to expand her saree business and was introduced to accused No.3, who facilitated a loan for her in the name of Bhavana Joshi on commission. Accused No.3 later explained the scheme to Chandan, promising her a commission for participation. On this assurance, Chandan underprivileged individuals in accessing government schemes and earned commissions deposited into her and Dakshit’s bank accounts.
However, when banks began demanding EMI payments, the informant, Bhavana Joshi, and accused No.3 shifted the responsibility onto Chandan and began harassing the applicants. Chandan reported their behaviour to Vartak Nagar Police Station and Tilak Nagar Police Station on 11 September 2023 and 26 September 2023, respectively
Additional Public Prosecutor, Supriya Kak, representing the State, and Advocate Abhinandan Waghmare, the counsel appearing for the intervenor/ informant, argue that the offence is serious.
They emphasized that Chandan misled individuals into securing loans under the guise of accessing government schemes benefits. They added that a proportion of these disbursed funds was distributed between Chandan and accused No.3 as commissions, with the funds routed through Dakshit’s bank account and cash transactions.
The prosecution added that the investigation is ongoing, with eighteen victims coming forward, and the funds invested remain unrecovered.
The high court in its order noted that prima facie the material on record indicates that the applicants received the invested funds through banking channels and cash transactions and benefited from them.
“Prima facie, the material on record indicates that the applicants received the invested funds through banking channels and cash transactions and benefited from them. The applicants claim to have been harassed and threatened by the informant, Bhavana Joshi, and accused No.3; however, there is nothing on record to show that the applicants sought legal recourse to address their grievance. In cases of this nature, the custodial interrogation becomes essential to unearth the fraud in all its facets and find the money trail,” the order reads.
Case title: Chandan Khengarji Gohil vs State of Maharashtra
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