IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
NOVEMBER 01, 2021
ANTICIPATORY BAIL APPLICATION NO.2653 OF 2021
Hirabhai Hajabhai Chauhan and Ors. … Applicants
Vs
The State of Maharashtra ... Respondent
Dr.Pratik R. Kalantri for the applicants
Dr.Abhinav Chandrachud i/b Mr.Premkumar Pandey a/w
Ms.Khushboo Pathak for the Intervenor
Mr.S.R.Shinde, A.P.P. for the State
- In the present application, the applicants are seeking
directions from this Court for his release on bail in the event of
arrest in connection with the FIR vide C.R.No. 27 of 2021
registered with Surgana Police Station for the ofence punishable u/s 406, 420, 467, 468, 471 r/w 34 of Indian Penal
Code.
- Perused the complaint fled by the Jugal Rajeshbhai
Pengawala against the applicants wherein it is alleged that the
applicants agreed to sell plot in Hira Farm and Resorts to
complainant. In the said transaction, complainant paid
Rs.1,51,00,000/- to the applicants. Details of cheques are
mentioned in the complaint.
-
On the other hand, the learned A.P.P. for the State
submits that investigation is at crucial stage. Amount is to be
recovered at the instance of the applicants. Applicants
fabricated the revenue record and pretended that they would
give possession of plot to the complainant and others but the
applicants have collected money from many persons under
the pretext of providing agricultural plots to them but they
have not done anything. Therefore, complaint was fled which
was referred to investigation. During the course of
investigation, it was revealed that applicants have cheated
many persons. Therefore, investigation is handed over to
Economic Ofences Wing, Nashik Rural.
- The learned counsel for the complainant also submits
that atleast three persons have fled afdavits in Trial Court
during the pendency of anticipatory bail against the applicant
wherein they claim that they have also been cheated by the applicant.
One of the afdavit of Gavli is produced on record
where in he has also alleged that he paid Rs.5,00,000/- to the
applicant on the pretext of purchasing farm plot but was not
given plot. He also alleges that the applicant have forged
7/12 extract and created impression in his mind that Hira
Farms and Resorts is created to sell farm plots but infact said
7/12 extract is bogus and the applicants have cheated him.
On perusal of order passed by Sessions Court, it is seen that
applicants are facing number of criminal cases. Therefore, it is
not just and reasonable to enlarge them on bail. Similarly,
investigation is also in crucial stage. Therefore, following
order is passed:
O R D E R
- Interim protection is rejected.
- Bail Application is listed on 16.11.2021.
