Mumbai court rejects bail plea of businessman accused of cheating and intimidation
Mumbai: A sessions court rejected the bail application of Prabhaadevi-based businessman Sudhanshumohan Dwivedi, who was arrested by the city crime branch in April for allegedly cheating a businessman of Rs 97 crore.
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Dwivedi promised the businessman huge profits on the trade of grains and threatened him with weapons when questioned. The judge stated that "the accusations against the accused are prima facie well-founded at this stage of the investigation, more particularly when the accused is in the custody of the Enforcement Directorate." The judge further remarked: "There are prima facie and reasonable grounds to believe that the accused committed the offences alleged."
Considering the nature and gravity of charges and severity of the punishment, along with "the character, behaviour, position, and standing of the accused," the court found the prosecution's apprehensions to be reasonable.
"Having regard to the nature and gravity of charges and severity of the punishment, the accused is not entitled to bail. Similarly, having regard to the character, behaviour, position, and standing of the accused, the apprehensions of the prosecution are reasonable," the judge said.
The accused is facing charges including criminal breach of trust, criminal intimidation, and offences under the Arms Act. Dwivedi contended that the dispute with the complainant, Gurujit Chhabra, was purely civil. He claimed to have already supplied 75 percent of the goods to Chhabra against the amount paid.
Dwivedi cited various ailments, including high blood pressure, high diabetes, hypertension, and fluids around his chest, arguing that he required medical attention at a hospital of his choice, which was unavailable in jail.
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A significant part of Dwivedi's plea focused on alleged procedural irregularities in his arrest. He claimed he was detained on March 28 but was only produced before the magistrate 48 hours later.
Dwivedi also informed the court that the complainant had reached a settlement and agreed to resolve the issues. However, public prosecutor Ashwini Raykar vehemently opposed the bail.
The complainant, Chhabra, a native of Indore in Madhya Pradesh, lodged a complaint alleging he met Dwivedi through one Ayush Sood at a 5-star hotel in Bandra.
Dwivedi introduced himself as a commodity trader who buys grains directly from farmers and supplies them to various traders, claiming there was a huge profit in this investment. Chhabra said he was lured by Dwivedi's proposal and decided to invest. It was further alleged that in March last year, Chhabra transferred Rs 5 crore as an advance into Dwivedi's bank account and placed an order.
Chhabra told police that on Dwivedi's request, he transferred Rs 340 crore into Asha Overseas India's company account and Rs 91.19 crore into Ganesh Enterprises — a total sum of Rs 452 crore. Chhabra alleged that Dwivedi supplied him with grains worth Rs 355 crore only. When there was no positive response, Chhabra went to Dwivedi's flat in Prabhadevi, where some armed goons, at the instance of Dwivedi, threatened to kill him if he raised this issue again.
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