IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
29th SEPTEMBER, 2021
ANTICIPATORY BAIL APPLICATION NO.1166 OF 2021
Dr.Abhinav Chandrachud i/b. Mr.Premkumar Pandey a/w
Khushboo Pathak a/w Shreedhar Huddar, Advocate for
Applicants.
Smt.Veera Shinde, APP for the State/Respondent
- TThe Applicants are seeking anticipatory bail in
connection with C.R.No.18 of 2021 registered with Surgana
Police Station, Dist. Nashik on 15/02/2021, under Sections 406,
420, 467, 468 and 471 r/w. 34 of the Indian Penal Code (for
short ‘IPC’).
- Heard Dr. Abhinav Chandrachud, learned counsel for
the applicants and Smt.Veera Shinde, learned APP for the State.
-
The First Information Report (for short ‘F.I.R.’) is
lodged by one Tarak Patel. He has stated that the present
applicants are builders and they had offered flats in a project
called Strawberry Hills at Hatgad, Tal. Surgana. The informant
met the applicants through agent. The applicants told the
informant about the project. They had offered to sell flats at the
rate of Rs.16,74,033/-. The informant booked flat Nos.101 and
116. He paid commission to the agent. He paid in all
Rs.10,38,000/- by way of cheque and cash to the applicants. It is
the case of the first informant that thereafter the applicants did
not give him possession of the flats and did not return his
amount and, therefore, this offence is registered.
- Learned counsel for the applicants submitted that the
flats are available in ‘D’ and ‘C’ wing and the applicants are
willing to handover possession of those flats to the informant,
provided he makes balance payment. He submitted that the
dispute is raised by the informant because he does not want to
make the balance payment. He submitted that, at the best, this
could be a civil dispute and there is no question of any criminal
offence having been committed by the present applicants. He
submitted that the investigating agency has submitted a report
in the Sessions court while opposing applicants’ anticipatory bail
application. In that report, it is mentioned that the informant
had booked flat Nos.101 and 116 in ‘E’ wing. Dr. Chandrachud
submitted that, F.I.R. itself does not mention ‘E Wing’. The
receipts which are issued and annexed to this application at
page No.46A mention the flat No. D-205. Therefore, according
to him, it was always understood that flats were to be given in
‘D’ wing. Dr. Chandrachud also invited my attention to page
No.46 of this application where again flat number is mentioned
as D-205. It is signed by the first informant. He, therefore,
emphasized that flats were always to be allotted in ‘D’ wing and,
therefore, allegations about flats having been booked in ‘E’ wing
for which permission is not given is not correct.
- Learned APP produced investigation papers before me.
She showed one Panchanama whereby the Applicant No.2 had
produced receipt book. The Panchanama shows that on the
receipt whitener was used and then ‘E’ block was written. She
submitted that there is some manipulation in the receipt book.
Only two buildings out of 10 buildings are actually completed
and therefore offence is made out.
-
As discussed earlier, the Applicants have shown their
willingness to give two blocks to the complainant. Learned APP
on instructions states that the first informant is not cooperating
in the investigation inspite of serving summons on two
occasions. He has also not produced original receipts before the
investigating agency.
- As far as production of receipt book is concerned, if
whitener is used and number is changed this circumstance is
quite peculiar because putting ‘E’ block on the receipt book is
not going to help the Applicant. If it originally mentioned block
‘D’ building, then the case obviously helps the Applicants’
contention. In any case as mentioned earlier, the Applicants have
showed their bonafide by offering two blocks in the completed
buildings. The complainant is not cooperating with the
investigation as stated by learned APP. Therefore it will not be
proper to allow custodial interrogation of the Applicants. They
can be protected by an order of anticipatory bail.
O R D E R
- Hence, the following order :
- In the event of their arrest in connection with
C.R.No.18 of 2021 registered with Surgana
Police Station, Dist. Nashik, the Applicants are
directed to be released on bail on their
furnishing PR bond in the sum of Rs.30,000/-
(Rupees Thirty Thousand Only) each, with one
or two sureties each, in the like amount..
- Application stands disposed of accordingly
