Associates there is good news for us. As per order dated 05-01-2013 of Andhra Pradesh High Court, Writ petitions No.8384,8385 and 8387 filed by Andhra Pradesh Police for cancelling bail of our Director's Mohd. Saleem Khan, Hiren Kishore Kumar Dewani, Akhil Patrawala and Prateek Desai has been dismissed. Now both from session court and High Court Director's have got bail. See order of High Court below:
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.8385 & 8387 of 2012
COMMON ORDER:
1. These two criminal petitions have been taken out by the State seeking cancellation of bail granted to Mohammad Salim Khan/A-10 (hereinafter referred to as ‘the respondent’) in Crime No.154 of 2012 of Kandukur P.S., 220 of 2012 of Chirala I Town P.S., as per order dated 6-11-2012 passed in Crl.M.P.No.1135 of 2012 and 1161 of 2012 on the file of the Principal Sessions Judge, Ongole.
2. Nmart Retails Private Limited established retail outlet shops in various stores all over India. Twenty Six (26) Stores came to be established in Andhra Pradesh. Out of them, twelve (12) are in operation and rest of them are yet to be commissioned. The company sponsored a scheme under which a member is required to deposit Rs.5,500/- and on such deposit purchase vouchers numbering 48 worth of Rs.220/- each, smart card credit facility up to Rs.1500/- have been provided. Various attractive benefits have been announced. Good number of response has been received from the public. After receipt of deposits, the promise made by the company has not been fulfilled to the satisfaction of the members. A strong revolt came from the members and as a result business transactions in the retail outlet came to a standstill. It is also stated that some of the members insisted for return of the deposit and the same has not been complied with. Various complaints have been lodged against Nmart all over the State. Cases came to be registered against the company and it’s Directors. The respondent herein is stated to be one of the Directors. The respondent came to be produced on P.T warrant on 5-10-2012. The respondent approached the Sessions Judge, Ongole for grant of bail by filing Crl.M.P.Nos.1135 of 2012 and 1161 of 2012. The learned Sessions Judge considered the bail application moved by the respondent along with the bail applications moved by other accused and granted bail to the respondent, by common order dated 06-11-2012. Hence, these two applications by the State seeking cancellation of bail granted to the respondent herein in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S.
3. Heard learned Public Prosecutor appearing for the petitioner-State and Sri S.Niranjan Reddy, learned counsel appearing for the respondent/accused.
4. Learned Public Prosecutor submits that the scheme floated by Nmart (a retail outlet of New Look Retails Private Limited) appears to be attractive but on close scrutiny of it, the main object is to collect Rs.5500/- from each member and appropriate major part of the said amount. As on this day, Nmart enrolled 4,25,522 members in Andhra Pradesh and 10,48,576 members all over the country and thereby, collected Rs.1400 Crores and subsequently, closed most of the retail shops. The scheme ultimately is for the benefit of the company and the members are the losers. Learned Public Prosecutor explained how the scheme ultimately ends in favour of the company. Learned Public Prosecutor would further submit that the investigation is pending and if the respondent/accused is allowed to be on bail, there is every possibility of his interfering with the further investigation and therefore, bail granted to the respondent in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S. is required to be cancelled.
5. Sri S.Niranjan Reddy, learned counsel appearing for the respondent-accused contends that the membership fee collected by Nmart is not a deposit since a member is allowed to purchase goods worth of Rs.5,500/- apart from securing various benefits such as forty eight purchase vouchers worth Rs.220/- each spreading over forty eight months. In a way, his contention is that the business activity does not come within the purview of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Learned counsel would further contend that specified goods have been made available to the customers at a cheaper rate since the company procures the same from the manufacturers directly and whatever profit the company derives is being disseminated to the customers by way of extending various benefits. A further contention has been advanced by the learned counsel that the petitioner hails from a respectable family with good antecedents and therefore, the petitions are liable to be dismissed.
6. It is a matter of record that it is A-1-Gopal Singh Shakawath who manages the affairs of the company which runs Nmart Retail outlets. The petitioner is stated to be one of the Directors. It is not clear from the record what is the role of the respondent in the company. It is not the case of the petitioner/State that the respondent/accused misused the bail or interfered with the investigation process. In the given facts and circumstances, I am of the view that bail granted to the respondent in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S. needs no cancellation.
7. Accordingly, the Criminal Petitions are dismissed.
B.SESHASAYANA REDDY
Dt.05-01-2013
2. Nmart Retails Private Limited established retail outlet shops in various stores all over India. Twenty Six (26) Stores came to be established in Andhra Pradesh. Out of them, twelve (12) are in operation and rest of them are yet to be commissioned. The company sponsored a scheme under which a member is required to deposit Rs.5,500/- and on such deposit purchase vouchers numbering 48 worth of Rs.220/- each, smart card credit facility up to Rs.1500/- have been provided. Various attractive benefits have been announced. Good number of response has been received from the public. After receipt of deposits, the promise made by the company has not been fulfilled to the satisfaction of the members. A strong revolt came from the members and as a result business transactions in the retail outlet came to a standstill. It is also stated that some of the members insisted for return of the deposit and the same has not been complied with. Various complaints have been lodged against Nmart all over the State. Cases came to be registered against the company and it’s Directors. The respondent herein is stated to be one of the Directors. The respondent came to be produced on P.T warrant on 5-10-2012. The respondent approached the Sessions Judge, Ongole for grant of bail by filing Crl.M.P.Nos.1135 of 2012 and 1161 of 2012. The learned Sessions Judge considered the bail application moved by the respondent along with the bail applications moved by other accused and granted bail to the respondent, by common order dated 06-11-2012. Hence, these two applications by the State seeking cancellation of bail granted to the respondent herein in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S.
3. Heard learned Public Prosecutor appearing for the petitioner-State and Sri S.Niranjan Reddy, learned counsel appearing for the respondent/accused.
4. Learned Public Prosecutor submits that the scheme floated by Nmart (a retail outlet of New Look Retails Private Limited) appears to be attractive but on close scrutiny of it, the main object is to collect Rs.5500/- from each member and appropriate major part of the said amount. As on this day, Nmart enrolled 4,25,522 members in Andhra Pradesh and 10,48,576 members all over the country and thereby, collected Rs.1400 Crores and subsequently, closed most of the retail shops. The scheme ultimately is for the benefit of the company and the members are the losers. Learned Public Prosecutor explained how the scheme ultimately ends in favour of the company. Learned Public Prosecutor would further submit that the investigation is pending and if the respondent/accused is allowed to be on bail, there is every possibility of his interfering with the further investigation and therefore, bail granted to the respondent in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S. is required to be cancelled.
5. Sri S.Niranjan Reddy, learned counsel appearing for the respondent-accused contends that the membership fee collected by Nmart is not a deposit since a member is allowed to purchase goods worth of Rs.5,500/- apart from securing various benefits such as forty eight purchase vouchers worth Rs.220/- each spreading over forty eight months. In a way, his contention is that the business activity does not come within the purview of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Learned counsel would further contend that specified goods have been made available to the customers at a cheaper rate since the company procures the same from the manufacturers directly and whatever profit the company derives is being disseminated to the customers by way of extending various benefits. A further contention has been advanced by the learned counsel that the petitioner hails from a respectable family with good antecedents and therefore, the petitions are liable to be dismissed.
6. It is a matter of record that it is A-1-Gopal Singh Shakawath who manages the affairs of the company which runs Nmart Retail outlets. The petitioner is stated to be one of the Directors. It is not clear from the record what is the role of the respondent in the company. It is not the case of the petitioner/State that the respondent/accused misused the bail or interfered with the investigation process. In the given facts and circumstances, I am of the view that bail granted to the respondent in Crime Nos.154 of 2012 of Kandukur Town P.S and 220 of 2012 of Chirala I Town P.S. needs no cancellation.
7. Accordingly, the Criminal Petitions are dismissed.
B.SESHASAYANA REDDY
Dt.05-01-2013
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.8384 of 2012
ORDER:
1. This Criminal Petition is filed by the State seeking cancellation of bail granted to A-2-Hiren Kishore Kumar Devani, A-3-Akil Moiz Patrawala and A-7-Pratik Desi Ranjit Ray Desai (hereinafter referred to as `the respondents’) in Crime No.220 of 2012 of Chirala I Town P.S, as per the order passed in Crl.M.P.No.1142 of 2012 on the file of the Principal Sessions Judge, Ongole.
2. Nmart Retails Private Limited established retail outlet shops in various stores all over India. Twenty Six (26) Stores came to be established in Andhra Pradesh. Out of them, twelve (12) are in operation and rest of them are yet to be commissioned. The company sponsored a scheme under which a member is required to deposit Rs.5,500/- and on such deposit purchase vouchers numbering 48 worth of Rs.220/- each, smart card, credit facility up to Rs.1500/- have been provided. Various attractive benefits have been announced. Good response has been received from the public. After receipt of deposits, the promise made by the company has not been fulfilled to the satisfaction of the members. A strong revolt came from the members and as a result business transactions in the retail outlet came to a standstill. It is also stated that some of the members insisted for return of the deposit and the same has not been complied with. Various complaints have been lodged against Nmart all over the State. Cases came to be registered against the company and it’s Directors. During the course of investigation, A-2, A-3 and A-7 came to be arrested on 28-9-2012 at West Mumbai. The respondents approached the learned Principal Sessions Judge by moving Crl.M.P.No.1142 of 2012 for grant of bail. The learned Principal Sessions Judge considered the bail application moved by the respondent along with the bail application filed by other accused and granted bail to the respondents, by common order dated 06.11.2012. Hence, this instant application by the State seeking cancellation of bail granted to the respondents herein in Crime No.220 of 2012 of Chirala I Town P.S.
3. Heard learned Public Prosecutor appearing for the petitioner-State and Sri S.Niranjan Reddy, learned counsel appearing for the respondents/accused.
4. Learned Public Prosecutor submits that the scheme floated by Nmart (a retail outlet of New Look Retails Private Limited) appears to be attractive but on close scrutiny of it, the main object is to collect Rs.5500/- from each member and appropriate major part of the said amount. As on this day, Nmart enrolled 4,25,522 members in Andhra Pradesh and 10,48,576 members all over the country and thereby, collected Rs.1400 Crores and subsequently, closed most of the retail shops. The scheme ultimately is for the benefit of the company and the members are the losers. Learned Public Prosecutor explained how the scheme ultimately ends in favour of the company. Learned Public Prosecutor would further submit that the investigation is pending and if the respondents/accused are allowed to be on bail, there is every possibility of their interfering with the further investigation and therefore, bail granted to the respondents in Crime No.220 of 2012 of Chirala I Town P.S. is required to be cancelled.
5. Sri S.Niranjan Reddy, learned counsel appearing for the respondents-accused contends that the membership fee collected by Nmart is not a deposit since a member is allowed to purchase the goods worth of Rs.5,500/- apart from securing various benefits such as forty eight purchase vouchers worth Rs.220/- each spreading over forty eight months. In a way, his contention is that the business activity does not come within the purview of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Learned counsel would further contend that specified goods have been made available to the customers at a cheaper rate since the company procures the same from the manufacturers directly and whatever profit the company derives is being disseminated to the customers by way of extending various benefits. A further contention has been advanced by the learned counsel that the respondents hail from a respectable family with good antecedents and therefore, the petition is liable to be dismissed.
6. It is a matter of record that it is A-1-Gopal Singh Shakawath who manages the affairs of the company which runs Nmart Retail outlets. The respondents are stated to be the Directors. It is not clear from the record what is the role of the respondents in the company. It is not the case of the petitioner/State that the respondents/accused misused the bail or interfered with the investigation process. In the given facts and circumstances, I am of the view that bail granted to the respondents in Cr. No.220 of 2012 of Chirala I Town P.S. needs no cancellation.
7. Accordingly, the Criminal Petition is dismissed.
B.SESHASAYANA REDDY, J
Dt.05-01-2013
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09335912435
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Contact
Jitendra Dubey
09335912435
Nmart Associate http://www.facebook.com/jitendra.dube (send friend request for regular updates)
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