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 11^th

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 13^th June, 2011, applicant Adesh Shah and Sangita Shah

visited