Farid Teli and Anr. vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Farid Teli and Anr. vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in connection with FIR No.145/2024 (APMC Police Station, Navi Mumbai), the applicants to be released on bail upon furnishing P.R. bonds of Rs.30,000/- each with two or more sureties of the like amount, subject to conditions — no inducement/threat/promise and no tampering with evidence; furnishing of residential addresses, contact numbers and email addresses to the Investigating Officer; and attendance at the concerned police station on 25/2/2025 (11.00 a.m. to 1.00 p.m.). Application thereafter disposed of.

Issue for consideration

Whether the applicants are entitled to anticipatory (pre-arrest) bail under Section 438, Code of Criminal Procedure, 1973, in connection with FIR No.145/2024 registered with APMC Police Station, Navi Mumbai. +1 more

Court's answer

The anticipatory bail application is allowed: in the event of arrest in connection with FIR No.145/2024 registered with APMC Police Station, Navi Mumbai, the applicants are to be released on bail on furnishing P.R. bonds of Rs.30,000/- each with two or more sureties of the like amount.

Ratio / Principle

Considering the contents of the FIR and, in particular, the Minutes of the Meeting dated 12/10/2020, the court found that the matter is purely a civil dispute between the parties, and accordingly held that a case was made out to grant interim protection to the applicants.

Key takeaways

Release is subject to conditions: the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and shall not tamper with evidence; they shall furnish residential addresses, contact numbers and email addresses to the Investigating Officer; and they shall attend the concerned police station on 25/2/2025 between 11.00 a.m. and 1.00 p.m.ratio¶31

Detailed headnote1 paragraphs

Anticipatory Bail — S.438, Code of Criminal Procedure, 1973 — FIR No.145/2024, APMC Police Station, Navi Mumbai — offence under Ss.409, 420 r/w S.34, IPC — dispute arising from supply of goods via containers and alleged non-payment of USD 2,00,000 (USD 1,12,300 stated as already paid) — Minutes of the Meeting dated 12/10/2020 (office of Consulate General of Islamic Republic of Iran, Mumbai) recorded that the balance payment was to be made by the applicant only upon receipt of the corresponding sum from Mr. D. K. Thakker, for payment to Mr. Nawab Amirzadeh, owner of Atieh Arg Atbin Co.; said sum admittedly not received — Held, taking into account the FIR and the Minutes of the Meeting, the matter is 'purely a civil dispute' and a case is made out to grant interim protection: applicants, if arrested, to be released on P.R. bonds of Rs.30,000/- each with two or more sureties of the like amount, subject to conditions (no inducement/tampering with evidence; disclosure of residential address, contact numbers and email to the I.O.; attendance at concerned police station on 25/2/2025, 11.00 a.m.–1.00 p.m.). Application allowed and disposed of. Informant permitted to be added as respondent no.2. (RAJESH S. PATIL, J.)

025:BHC-AS:1

Diksha Rane 24 ABA 448-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 448/2025

FARID TELI AND ANR ..APPLICANTS VS STATE OF MAHARASHTRA ..RESPONDENT

Adv. Niranjan Mundargi a/w. Adv. Kunal Ambulkar, Adv. Keral Mehta i/b. S. S. Redekar for applicants.

Mr. Ajay S. Patil, APP for State.

CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 17, 2025.

P.C. :

1. Learned counsel for the applicants seeks liberty to add the informant as party respondent no.2.

2. Liberty as prayed for is granted. Amendment to be carried out forthwith. The learned APP would serve the copy of the amended anticipatory bail application on the newly added respondent no.2 through I.O. by all permissible modes of service.

3. This application is filed under Section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail in connection with the First Information Report (FIR) No.145/2024 registered with

This order is corrected pursuant to the order dated 12/12/2025 1

Diksha Rane 24 ABA 448-2025.doc

APMC Police Station, Navi Mumbai, for the offence punishable under Sections 409, 420 read with 34 of the Indian Penal Code, 1860.

4. This is a business transaction whereby applicants had received various goods via containers from the informant. After certain dealings, there were disputes between the parties pursuant to which a meeting was held to resolve the issues in the office of the Consulate General of Islamic Republic of Iran, Mumbai. The scanned copy of the

said Minutes of the Meeting dated 12/10/2020 is reproduced hereinbelow:-

This order is corrected pursuant to the order dated 12/12/2025 2

Diksha Rane 24 ABA 448-2025.doc

5. The learned counsel appearing on behalf of the applicant submits that as far as payment of 1,12,300/- US dollars, the same has already been paid by the applicant. Therefore, only the question is about the payment of another 2 lakhs US dollars.

6. What was agreed in the Minutes of the Meeting was that the said payment would be made by the present applicant once he receives the said payment from one Mr. D. K. Thakker and thereafter, he pays that amount to Mr. Nawab Amirzadeh, who is the owner of Atieh Arg Atbin Co. The learned counsel for the applicant has submitted that the said payment of 2 lakhs US dollars has not been received till date and hence, further payment could not be made.

7. Taking into consideration the contents of the FIR and more particularly the Minutes of the Meeting, there appears to be purely a civil dispute between the parties. According to me, therefore, the case is made out to grant interim protection to the applicants. Hence, the following order.

ORDER

(a) The anticipatory bail application is allowed.

(b) In the event of arrest in connection with 145/2024 registered with APMC Police Station, Navi Mumbai, the applicants shall be

This order is corrected pursuant to the order dated 12/12/2025 3

Diksha Rane 24 ABA 448-2025.doc

released on bail on furnishing P.R. bonds to the extent of Rs.30,000/each with two or more sureties of the like amount.

(c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

(e) The applicants shall attend the concerned police station on 25/2/2025 between 11.00 a.m. to 1.00 p.m.

8. The anticipatory bail application is disposed of.

(RAJESH S. PATIL, J.)

This order is corrected pursuant to the order dated 12/12/2025 4

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 15/12/2025 19:00:42