MANU PRASHANT WIG Vs. STATE

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks regular bail in case FIR No. 0028/2020, under Ss. 409/420/120B of the IPC and Ss. 3/4/6 of the PCMC Act, registered at Police Station Economic Offences Wing ('EOW").

(2.) The case of the prosecution, as per status report dtd. 22/11/2023, authored by Mr. Ramesh Mumar Narang, Assistant Commissioner of Police, Sec. -VI/EOW is as under:

(3.) Learned Senior Counsel appearing on behalf of the applicant submitted that as per the FIR, the total amount due to the complainant was Rs.13.00 lakhs 90 thousand, which has been repaid by the applicant. However, during investigation, several other complaints were clubbed with the said FIR, without giving the details of the money invested by the complainants therein. It was further submitted that the applicant is the Director of M/s Blue Fox Motion Pictures Pvt. Ltd., which has produced 12 movies and some movies were pending production, which could not be finalised due to the COVID-19 pandemic. It was further submitted that in paragraph 25 of the status report, it is mentioned that the applicant received the total cheated amount of Rs.3,87,07,360.00 however, in paragraph 11 of the said report, it is stated that an amount of Rs.3,67,86,455.86 was frozen which was identified to have been diverted by the accused companies. It was submitted that in the said status report, there is a discrepancy with respect to the amount and it is stated that the cheated amount is approximately Rs.8,00,00,000.00. It was further submitted that in response to notice issued by the Investigating Officer, the present applicant had given a detailed reply on 5/11/2022 giving full disclosure of the outflow of the money from the accused companies. It was further submitted that co-accused Priyesh Sinha has been granted bail by this Court vide order dtd. 1/9/2023 passed in BAIL APPLN. 2309/2023. It was submitted that the investigation in the present case is complete and the chargesheet stands filed and therefore the present applicant be released on bail.