HIGH COURT OF BOMBAY
SHAM TUKARAM SAWANT – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ABA 556/2021
rpa 1/14 4,5 aba 559, 556 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 559 OF 2021
Adesh Veerkumar Shah & Anr.
.. Applicants
Versus
The State of Maharashtra
... Respondent
WITH
INTERIM APPLICATION NO. 791 OF 2021
IN
ANTICIPATORY BAIL APPLICATION NO. 559 OF 2021
Maninder Pal Singh Anand
... Intervener
IN THE MATTER OF
Adesh Veerkumar Shah & Anr.
... Applicants
Versus
The State of Maharashtra
... Respondent
ANTICIPATORY BAIL APPLICATION NO. 556 OF 2021
Sham Tukaram Sawant
... Applicant
Versus
The State of Maharashtra
... Respondent
WITH
INTERIM APPLICATION NO. 790 OF 2021
IN
ANTICIPATORY BAIL APPLICATION NO. 556 OF 2021
Maninder Pal Singh Anand
... Intervener
IN THE MATTER OF
Sham Tukaram Sawant
... Applicant
Versus
The State of Maharashtra
... Respondent
.....
Mr. Manoj Mohite i/b. Mr. Abhishek Singh, for the Applicants.
Mr. Y. M. Nakhwa, APP for the Respondent – State.
Mr. S. V. Marwadi i/b. Mr. Dinesh G. Mishra, for Intervener.
.....
rpa 2/14 4,5 aba 559, 556 2021.doc
CORAM : PRAKASH D. NAIK, J.
DATED :
APRIL 09, 2021.
P.C. :
The applicants in both these applications are seeking
pre arrest bail in connection with C.R.No.598 of 2019, registered
with Andheri Police Station, Mumbai, for the ofences punishable
under Sections 406 and 420 read with 34 of Indian Penal Code
(“IPC”, for short). First Information Report (“FIR”, for short) is
lodged by Maniderpalsingh Trilochansingh Anand on 11th
October, 2019.
2
The brief facts of the prosecution case are as under:
(i)
The applicant Adesh Shah was conducting his business in
the premises owned by the complainant from 2009 to 2012
at Khalapur, District–Raigad. He was tenant. The
complainant used to visit the said place and there used to
be interaction between them. The complainant had
informed Mr.Adesh Shah that he is in need of space for
ofice.
(ii)
In April 2011, applicant Adesh Shah and Sham Sawant
(applicant) met the complainant. Adesh Shah had informed
him that he is director of S. Square Realcon India Private
Limited company. His wife Smt.Sangita Shah, Mr.Nilesh
rpa 3/14 4,5 aba 559, 556 2021.doc
Sawant and Smt.Sucheta Sawant were also directors of the
said company. He was also informed that Sham Sawant is
looking after the afairs of the company on behalf of his
family. Applicant Adesh Shah and Sham Sawant also
informed the complainant that their company S. Square
Realcon India Private Limited and Dev Land and Housing
Limited company owned by Vijay Thakker are constructing
commercial building in partnership at C.T.S.No.93, Hissa
No.1 to 23, Village–Hariyali, Taluka–Kurla, L.B.S. Marg,
Vikhroli (West), Mumbai 400 083. They also informed that
both the companies are working as joint owners in the said
project and suficient space will be available for ofice
premises for complainant. Adesh Shah and Sham Sawant
also informed the complainant that their company and Dev
Land and Housing Limited are 50 percent partners. The
construction is in respect to commercial galas. However,
they did not inform the number of foors and galas which
would be constructed by them.
(iii)
In June 2011, the complainant visited construction site.
Work was in progress. Adesh Shah, his wife Sangita Shah
(applicants) met the complainant and informed him that the
project would be completed within one year, as the joint
rpa 4/14 4,5 aba 559, 556 2021.doc
partner (Dev Land and Housing Limited) is a reputed
builder. He has undertaken big projects and construction.
They also informed that in the event the complainant makes
the payment of entire amount, the price would be reduced
and the possession would be given early. They gained the
trust of the complainant. He agreed to make the payment.
He was informed that the consideration for galas to be
allotted to him would be Rs.1 crore.
(iv)
On 13th June, 2011, applicant Adesh Shah and Sangita Shah
visited