Advocates:
['DIXIT SATYAJEET S', 'COPY SERVED ON PP', '', 'ADV K N SHERMALE']

ABA997-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 997 OF 2021

1.

Prakash s/o Kondaji Zaware,

Age 60 years, Occu: Business & Agri.

...

Applicants

2.

Sharda w/o Prakash Zaware,

Age 55 years, Occu: Household

3.

Vanita w/o Prashant Zaware,

Age 33 years, Occu: Household

All-

R/o Sharda Bungalow, Ghodekar Mala,

Sangamner, Dist. Ahmednagar.

VERSUS

The State of Maharashtra,

Through Police Inspector,

Sangamner City Police Station,

Tq. Sangamner Dist. Ahmednagar

...

Respondent

Mr. S. S. Dixit, Advocate for the applicants,

Mr. S. B. Narwade, A.P.P. for the State.

Mr. K. N. Shermale, Advocate assists to PP.

CORAM

: PRAKASH D. NAIK, J.

DATE

: 13th December , 2021

ORDER:

1.

This is an application for pre-arrest bail in Crime No.

1996/2020 registered with Sangamner City Police Station, District

Ahmednagar for the offences punishable under Sections 420, 504, 506,

r/w 34 of the Indian Penal Code. The First Information Report (for

short “FIR”) was registered on 14.11.2021.

Page 1 of 14

ABA997-21

2.

The complainant has alleged that he is Doctor by profession.

In 2015, he got acquainted with Prashant Zaware. They became

friends. The complainant had informed him that he intends to purchase

property. Prashant Zaware stated that his wife Vanita Zaware and

brother Pravin Zaware own property situated at Gunjalwadi bearing

Survey No.45 and admeasuring 10 Gunthas. Property is situated near

the road. On account of financial constraint, the property is required to

be sold. He was persuaded to purchase the said property. On

24.02.2016, Prashant Zaware, Vanita Zaware, Pravin Zaware, Prakash

Zaware and Sharda Zaware met the complainant in Hospital. There was

discussion about the property and deal was orally finalized. It was

agreed that the property admeasuring 10 gunthas would be sold to the

complainant for amount of Rs.40 lakhs. It was represented by Prashant

Zaware that they intend to clear debts of people from whom they have

borrowed money and hence the deal has to be finalized expeditiously.

The complainant intimated about the said fact to his father and friend.

Deal was finalized. Prashant Zaware and his relatives insisted that

amount of Rs.20 lakhs be paid towards consideration on the same day.

If payment is made by cheque or through Bank, there will be income tax

difficulty. The complainant demanded requisite documents. The

accused promised that the documents will be furnished shortly. Rs.20

lakhs were given to Prashant Zaware, Vanita Zaware, Pravin Zaware,

Prakash Zaware and Sharda Zaware in the presence of witnesses. On

28.02.2016, the complainant contacted Prashant Zaware and he stated

Page 2 of 14

ABA997-21

that he had applied for copies of documents in concerned office. He

would come with all the documents. On 15.03.2016, Prashant Zaware

his wife Vanita Zaware and brother , Pravin Zaware again visited the

Hospital and approached the complainant. Prashant Zaware handed

over copy of old document relating to sale deed and stated that other

documents would be furnished shortly. However, they insisted that

balance amount of Rs.20 lakhs be paid immediately since they have to

repay loans. The complainant informed about the said fact to his father

and friend. Prashant Zaware had called his father and mother. In the

presence of witnesses, the amount of Rs.20 lakhs was paid to Prashant

Zaware, Vanita Zaware, Pravin Zaware, Prakash Zaware and Sharda

Zaware. Payment was made in cash. Thereafter, the complainant had

insisted for execution of sale deed. The accused kept on postponing the

ex