Ethape 1 24-ABA-646-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.646 OF 2021

ALONGWITH

INTEIRM APPLICATION NO.959 OF 2021

Mohammad Farooq Maqbool Qureshi

.. Applicant

Vs.

The State Of Maharashtra

.. Respondent

…...

Mr. Naville Deboo a/w Mr. Nitin Rai i/b

Mr. Divekar D. Rai Advocate for Applicant in ABA.

Mr. Prashant Aher, Advocate for Intervenor.

Mr. S. S. Pednekar, A.P.P. for the State-Respondent.

PSI Pawan S. Supnar, Nayanagar Police Station.

…...

CORAM : PRAKASH D. NAIK, J.

DATE : 16^th MARCH, 2021

PC.

1

This is an application for anticipatory bail in connection with

C.R. No.57 of 2021 registered with Nayanagar Police Station, Mira Road,

Thane for the offence punishable under Sections 406, 420, 120 (B), 506

read with Section 34 of the Indian Penal Code, 1860.

2

First Information Report was registered on 12^th February

2021. It is alleged that the accused is acting in connivance with each

other. The complainant parted amount for the purpose of purchase of

flat. The accused had constructed three floors without obtaining

requisite permission from the Corporation. The complainant had

Raju D.

Gaikwad

Digitally signed

by Raju D.

Gaikwad

Date:

2021.03.18

14:52:51 +0530

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purchased the flat on the fourth floor of the building named ‘Rose’ in

2006. The accused No.1 requested the members of society to allot him

the building for redevelopment. The building was of four floors having

18 flats, 8 shops and therefore, the society has executed a development

agreement. As per the agreement, the flat was to be allotted to the

complainant. The accused No.1 executed an agreement of 40/60%

partnership with the applicant and formed a new partnership firm

namely New Micron Construction Company. According to applicant,

redevelopment of the building was completed in the year 2012 and

allotment of flats was started. According to informant, building was

constructed upto 7 floor. The allotment letter for room No. 607 on 6^th

floor was given to informant. The accused No.3 is secretary of the

society. The informant was informed that the application has been

submitted for C.C. and O.C. of the 7^th floor and believing their words, he

started residing at flat No.607. After inquiry, it was learnt that the

construction of the building is on the basis of permission for three and

half floors but the building was constructed upto 7^th floor.

3.

The contention of the applicant is that agreement of

redevelopment was executed between the society and accused. The

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applicant has no concern with the construction. The applicant was

financer of the project and he has not played any role to induce the

informant to purchase the flat. The matter relates to documents and the

applicant need not be subjected to custody. The accused No.1 has been

arrested and he has been granted bail.

4.

Learned APP and advocate for intervenor submitted that the

accused No.1 has executed a joint development agreement with the

applicant in 2009. Copy of the said agreement has been annexed to

intervention application. Clause 1 of the said agreement indicates that

both parties had agreed and confirmed that they are running the said

partnership firm, namely, New Micron Construction Company and

redevelopment of the building namely Rose Co-operative Housing

Society on the old Survey No.508, New Survey No.101/16 plot No.55

situated at Bhayander, Taluka & District Thane . It was also pointed