Allowed

Ashok a Jethwa v. the State of Maharashtra

Bombay HC12 May 2023ABA/1403/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to a developer accused in an FIR related to cheating and non-cooperation offenses under the Maharashtra Ownership Flats Act. The grant was based on the parties' agreement to settle the dispute and the execution of a sale deed by the complainant.

What did the court decide?

Applicant released on bail upon furnishing a PR bond of Rs. 15,000 with one or two sureties, subject to conditions not to contact the complainant or tamper with evidence.

Ashok a Jethwa Vs the State of Maharashtra — Contract and Commercial Disputes | Bombay HC (2023)

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Rajeshri Aher 1/7 54 aba 1403 of 2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1403 OF 2023

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Ashok A. Jethwa …. Applicant Versus State of Maharashtra and Anr. …. Respondents

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Mr.Bhavesh Parmar a/w. Mr.Rahul Gaikwad, Garima Joshi, Reshma Nair, Amar Jhawar, Rajesh Sohani, Nikita Abhyankar and Mr.Vivek Akshali i/b. M/s. Gravitas Legal, Advocate for Applicant.

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Ms.P.N. Dabholkar, APP for Respondent No.1 – State.

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Ms.Neeta Solanki i/b. M/s.Unison Legal, Advocate for Respondent No.2.

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PSI Korgaonkar, Kasturba Marg Police Station, Mumbai, present.

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CORAM : RAJESH S. PATIL, J. VACATION COURT DATED : MAY 12, 2023

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P.C. :

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1 This Anticipatory Bail Application is fled by a developer in C.R./First Information Report (“FIR”, for short) No.288 of 2023 registered with Kasturba Marg Police Station, Borivali, Mumbai, for offences punishable under Sections 406, 420, 34 of Indian Penal Code (“IPC”, for short) and Sections 5, 13 and 14 of Maharashtra Ownership fats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.(“MOFA Act”, for short).

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2 By order dated 2^nd May 2023, the Anticipatory Bail

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Digitally signed by RAJESHRI RAJESHRIPRAKASH PRAKASHAHER AHER Date: 2023.05.15 16:31:17 +0530

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Rajeshri Aher 2/7 54 aba 1403 of 2023.odt

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Application fled by Petitioner before the Sessions Judge, Dindoshi, Mumbai, was rejected. Therefore, the present Anticipatory Bail Application is fled seeking an Anticipatory Bail.

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3 On the last occasion when the matter was argued before this Court during vacation on 8^th May 2023, the parties agreed that they can settle the issue since the complainants are fat purchasers. Accordingly, the matter was adjourned and kept today. Today when the matter was called out, parties have tendered a photo copy of the affdavit of one Nirav Vikram Maniar, who is Respondent No.2 in this Application. For ease of reference, affdavit of Nirav Vikram Maniar which is fled in ABA 1402 of 2023, is reproduced hereinbelow:

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Rajeshri Aher 3/7 54 aba 1403 of 2023.odt

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Rajeshri Aher 4/7 54 aba 1403 of 2023.odt

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Rajeshri Aher 5/7 54 aba 1403 of 2023.odt

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Rajeshri Aher 6/7 54 aba 1403 of 2023.odt

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4 Respondent’s advocate states they have agreed for a settlement and already the sale deed is executed and is been registered as far as fat Nos.A–2001, and Respondent No.2 has even agreed for quashing of original FIR No.288 of 2023 registered with Kasturba Marg Police Station, Borivali, Mumbai for offences punishable under Sections 406, 420, 34 of IPC.

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5 For sake of clarifcation, it is stated that Flat No.1401 was a fat under redevelopment to be given to the mother and wife of Respondent No.2. There is no dispute as far as this fat is concerned since already an agreement for Permanent Alternate Accommodation Agreement (PAAA) has been entered into between the parties, and the fat is under construction. As and when the other tenants of the building get possession of their respective fat, the mother and wife of Respondent No.2 will be getting possession of that fat viz. 1401.

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6 As far as Flat No.1402 is concerned, there is no dispute about the fat because the parties have agreed that Respondent No.2 or his family members have no concern with Flat No.1402, and Applicant is free to sell their fat to any third party as they wish.

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7 As far as Flat No.A–2001 is concerned, the amounts paid by Respondent No.2 for Flat No.A–1402 have been adjusted against Flat No.A–2001.

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Rajeshri Aher 7/7 54 aba 1403 of 2023.odt

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8 Since Respondent No.2, the original complainant has no dispute with Applicant, a case is made out for granting of Anticipatory Bail Application.

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9 Hence Applicant can be released on bail on imposing certain terms and conditions:

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:: O R D E R ::

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(i) In the event of arrest of the Applicant in connection with C.R./FIR No.288 of 2023 registered with Kasturba Marg Police Station, Borivali, Mumbai, be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/(Rs.Fifteen Thousand only) with one or two sureties in the like amount;

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(ii) Applicant shall not contact the complainant and other witnesses or tamper with the evidence, in any manner.

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10 Anticipatory Bail Application is disposed of in the

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above terms.

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11 Parties to act on authenticated copy of this order.

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(RAJESH S. PATIL, J.)

Ashok a Jethwa v. the State of Maharashtra

Case brief

What is this about?

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Ashok a Jethwa v. the State of Maharashtra

Case brief

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What did the court decide?

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