Jitesh Amritlal Vakharia vs The State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
N.J. JAMADAR, J
Jitesh Amritlal Vakharia – Appellant
Versus
The State of Maharashtra – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Amin Solkar, Mr. Vikram Sutaria
For the Respondents: Mrs. S.V. Sonavane, APP

Table of Content
1. overview of fraud allegations and client involvement. (Para 1 , 2 , 3)
2. defence arguments against charges presented to the court. (Para 4 , 5)
3. court's evaluation of evidence and articulation of findings. (Para 6 , 7 , 8 , 9 , 10)
4. court's rationale for granting bail based on lack of evidence. (Para 11)

ORDER

1.The applicants who have been arraigned in C.R. No. 346 of 2016 registered with Kalyan police station for the offences punishable under section 120-B, 420, 465, 467, 468, 471 read with 34 of Indian Penal Code , 1860 (the Penal Code) have preferred these applications for grant of pre arrest bail under section 438 of Code of Criminal Procedure , 1879 (the Code).

2.The background facts can be stated as under:

a] Mr. Tarabh Patel claimed to be a partner of M/s. Nidhi Developers. The said frm was developing a residential complex, “Ganesh Park” at Titwala, District Thane. Mr. Patel lodged a report with Kalyan police station with the allegations that six fats purchasers had availed loan from various banks and fnancial institutions on the basis of forged agreement for sale and documents purported to have been issued by M/s.Nidhi Developers, despite having already a

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BOMBAY HIGH COURTN.J. JAMADAR, JJitesh Amritlal Vakharia – AppellantVersusThe State of Maharashtra – Respondent

BOMBAY HIGH COURT
N.J. JAMADAR, J
Jitesh Amritlal Vakharia – Appellant
Versus
The State of Maharashtra – Respondent