SKT 1 27.appln.2750.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2750 OF 2010 Arch Bishop Dr.Anandraj S/o.Shigomani .. Applicant V/s. The State of Maharashtra .. Respondent ..... Dr.Saikumar Pathrudu M., Advocate for Applicant. Mr.R.V.Saste, APP for the State. ..... CORAM : A.R.JOSHI, J DATED : JULY 8th, 2010. P.C. 1. 1. Heard the rival submissions at length. 2. This application for regular bail preferred by the applicant for his release on bail during the pendency of the trial for the offences punishable under Section 420, 406 and offence of the forgery of documents and valuable securities including the bank drafts purportedly to have been issued by the foreign banks. SKT 2 27.appln.2750.10.sxw 3 In nutshell, the allegations against all the accused including the present applicant can be narrated as under : The complainant is in building construction line and is a Contractor, constructing the buildings on payment. There was some trust by name :Rural Resources Research Development Agency known as R.R.R.D.A. Trust situated at Mahabalipuram, Tamilnadu, South India. Admittedly, the present applicant is founder of the said Trust. He posed himself as Arch Bishop of India, R.R.R.D.A. Said trust was allegedly wanted to construct some hospital by name Kingdom Charity General Hospital at Mulbagal at Pondichery, accommodating about 500 beds. The said entire project was worth Rs. more than 200 crores or odd. It was represented to the complainant that if he undertakes the said construction project, he would be given the financial assistance from institutions Abroad, situated in Europe. He was also apprised that for that purpose he has to give some donations to the SKT 3 27.appln.2750.10.sxw trust and also to deposit certain initial amount. Such initial amount was mentioned as Rs.2.5. crores. Various negotiations took place between the complainant and the co-accused. Apparently, present applicant was shown as resident of U.S. or mostly staying out of India and as such communication with him was- through e-mail and other co-accused used to communicate the complainant for and on behalf of the present applicant. According to the investigation, present applicant is the kingpin of this entire project which was nothing but a concoction created by the present applicant along with the co-accused for luring the complainant of getting him some financial assistance and on that count compelling him to shell out some amounts in crores. 4. As per the First Information Report, which was lodged in the year 2006, the complainant had given an amount of Rs.55 lacs to the present applicant. However, during the arguments, the SKT 4 27.appln.2750.10.sxw learned advocate for the applicant submitted that it was not the amount given personally to the applicant but probably it must have been given to the Trust. It was also averred in the complaint that apart from the said amount, other amount of Rs.40 lacs was also given as and by way of the earnest money and out of which an amount of Rs.20 lacs was given to the co-accused Rahul Verma@ Mallikarjun. 5. According to the complainant, prior to his giving the amount of Rs.95 lacs, he was lured by showing certain drafts. They were nine demand drafts of the some foreign bank having name : Bank of West . In fact, the copies of the said demand drafts were shown to the complainant. However, after he parted with Rs.95 lacs, original drafts were given to him and when the drafts were put for encashment at UCO Bank, Nariman Point Branch and the clearing was to be done through  Chase Bank incorporated in Mumbai. However, it was revealed that there was no such SKT 5 27.appln.2750.10.sxw bank by name  Chase Bank available in Mumbai and that only the Bank which could deal with the said draft is J.P.Morgan Chase Bank. However, the said bank expressed inability to honour the said drafts. The said drafts could not be forwarded for clearance. All this caused the complainant to raise a suspicion and to lodge a complaint as according to him he was lured of getting a big contract at South India of construction of hospital and for that purpose as and by way of earnest money Rs.95 lacs have been taken from him. 6. During the arguments, it is brought to the notice of this Court on behalf of the State that there are e-mail exchanges between the present applicant and the complainant and as such the involvement of the present applicant is prima facie established more so when according to the complainant an amount of Rs.55 lacs has been given to the applicant and still more so when the present applicant is the Founder and President of SKT 6 27.appln.2750.10.sxw R.R.R.D.A. 7. During the arguments, the learned advocate for the applicant submitted and the co-accused by name Karthikeyan and Rahul Verma have been granted bail respectively by another bench of this Court and by the Sessions Court. However, after considering the role played by the respective applicants, in those matters and considering the allegations against the present applicants and considering his position in the Trust, in the opinion of this Court, applicant cannot claim parity. 8. Reportedly, though the charge-sheet is already filed, further investigation is also going on as one of the co-accused is still absconding and is by name Dharmalingam. Considering the above prima facie material, it would not be in the fitness of the situation to grant the relief of bail to the present applicant and hence order : SKT 7 27.appln.2750.10.sxw O R D E R 1 Criminal Application No. 2750 of 2010 stands rejected. 2. Directions are given to the concerned Trial Court to expeditiously take up the matter for trial as early as possible. (A.R.JOSHI,J.)