Uday Gambhir Zambre vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Uday Gambhir Zambre vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted in terms of prayer Clause A: in the event of arrest, enlargement on P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount, subject to conditions — reporting once every month to the concerned Police Station on the first Monday between 10.00 a.m. to 12:00 p.m.; not influencing witnesses or tampering with evidence; keeping the Investigating Officer informed of current address and mobile contact details; breach entitles prosecution to seek cancellation of bail. Any Intervention Application stands disposed as none was present for the Intervenor.

Issue for consideration

Whether anticipatory bail should be granted to the Applicant, a partner of the redevelopment firm, who apprehends arrest in FIR/CR No. 518 of 2023 registered under Sections 420 and 406 r/w 34 IPC lodged by a member of the society over the stalled redevelopment project. +1 more

Court's answer

Considering the interim order dated 15th March 2024 and the Applicant's admittedly substantial investment in the project, the Court saw no reason for the anticipatory bail application to remain pending.

Ratio / Principle

The dispute is essentially a civil redevelopment dispute: the criminal court cannot be treated by the Society as a Recovery Court, and the Society members' remedy in such matters lies elsewhere, supporting release of the Applicant on anticipatory bail notwithstanding the criminal FIR.

Key takeaways

Prima facie, with the matter pending before the RERA and the redevelopment required to be carried out by the partnership firm, the mere existence of the Applicant's joint and several liability under Section 25 of the Partnership Act was weighed in deciding whether he could be proceeded with at all.ratio¶17
The Anticipatory Bail Application stands allowed in terms of prayer Clause A: in the event of arrest, the Applicant is to be enlarged on bail on furnishing a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount, subject to the conditions imposed in the ORDER (monthly police-station reporting, no influencing of witnesses or tampering with evidence, keeping the Investigating Officer informed of address/mobile changes, and liberty to the prosecution to seek cancellation on breach).ratio¶23

Detailed headnote1 paragraphs

Bombay High Court (Milind N. Jadhav, J.), 06-01-2025, Criminal Anticipatory Bail Application No. 730 of 2024 — Anticipatory bail granted to Mahendra Shivaji Gunjal, one of the partners of M/s. Akriti Housing Partnership Firm appointed to redevelop a society property, who apprehended arrest under FIR/CR No. 518 of 2023 (Khadakpada Police Station) registered under Sections 420 and 406 r/w 34 of the Indian Penal Code, 1860, on a society member's complaint regarding non-receipt of transit rent, additional amounts paid by members for extra built-up area, and the stalled project. Noting the pre-existing civil redevelopment dispute, the pendency before RERA, the Applicant's admittedly substantial investment of Rs. 4.4 crores, and that joint and several liability under Section 25 of the Partnership Act did not by itself settle whether he could be proceeded with, the Court held that it cannot be treated by the Society as a Recovery Court and that the Society members' remedy lies elsewhere. The application was allowed in terms of prayer Clause A: upon arrest, enlargement on a P.R. Bond of Rs. 30,000/- with one or two sureties in the like amount, subject to monthly reporting at the police station, abstention from influencing witnesses or tampering with evidence, keeping the Investigating Officer informed of address/contact changes, and liberty to the prosecution to seek cancellation on breach; Intervention Applications stood disposed as none appeared for the Intervenor.