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2025 Supreme(Online)(Bom) 6611

BOMBAY HIGH COURT
N. J. JAMADAR, J
Sushila Suresh Malge – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Munir Merchant, Jenisha Gala, Sanjay Chaturvedi Associates
For the Respondents: Mr. A. S. Shalgaonkar, APP, Mr. Mandar Soman, Mr. Bharat Manghani, Ms. Rashmi Joshi, Mehul Thakker, Pooja Bandgar, Shaista Syed, Bhandary & Bhandary

Table of Content
1. overview of application proceedings and initial findings. (Para 1 , 3 , 8)
2. bail application examined in light of fraud and deceit in property sales. (Para 2)
3. multiple buyers allege deception in property sales. (Para 4 , 10)
4. defense claims civil nature of dispute without criminal intent. (Para 9 , 13)
5. distinction between civil breaches and criminal deceit established. (Para 23 , 25)

CORAM: N. J. JAMADAR, J.

DATED: 27th JANUARY, 2025 ORDER:-

1. Heard the learned Counsel for the applicant, the learned Counsel for the intervener and the learned APP for the State.

2. This is an application for pre-arrest bail in connection with CR No.155 of 2023, registered with Rabale Police Station, Navi MUmbai, for an offence punishable under Section 420 read with Section 34 of Indian Penal Code , 1860 (“the Penal Code”).

3. Jaspalsingh Malhotra, the first informant’s husband, had booked a flat in a Project Green World, Digha Airoli, Navi Mumbai, being Flat No.A2/1903. The said project was developed by M/s. Mount Mary Builders, of which the applicant Sushila Suresh Malge is the Proprietress. India Bulls Distribution Services Pvt. Ltd. was appointed as a marketing agent. An all

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