Bombay High Court
Gautam Shivshankar Pandey And Ors vs State Of Maharashtra on 26 April, 2024
Author: N. J. Jamadar
Bench: N. J. Jamadar
906-ABA1106-2024.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1106 OF 2024
SANTOSH 1. Gautam Shivshankar Pandey
SUBHASH
KULKARNI
2. Mukesh Gautam Pandey
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2024.04.30
3. Sunil Gautam Pandey ...Applicants
13:09:26 +0530
Versus
State of Maharashtra ...Respondent
Mr. Induprakash Tripathi, i/b C. K. Tripathi, for the
Applicant.
Ms. Ranjana Humane, APP for the State/Respondent No.1.
Mr. Omprakash Jha, i/b The Law Point, for the complainant
- Intervener.
CORAM: N. J. JAMADAR, J.
DATED: 26th APRIL, 2024
PC:-
1. Heard the learned Counsel for the applicants and the
learned APP for the State.
2. This is an application for pre-arrest bail in connection with
CR No.201 of 2024, registered with Kasturba Sub Police Station,
Mumbai, for the offences punishable under Sections 406 and
420 read with Section 34 of Indian Penal Code, 1860 ("the Penal
Code") and Sections 3, 4, 5, 9 and 13 the Maharashtra
Ownership Flats (Regulation of the Promotion of Construction,
Sale, Management and Transfer) Act, 1963 ("MOFA").
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3. The gravamen of indictment against the applicants is that
the applicants, who are/were the Directors of GSP Developers
Pvt. Ltd. had entered into an agreement to sell a Flat No.402 in
a project to be developed by the applicants for a consideration of
Rs.76,50,500/- and accepted a sum of Rs.18,00,000/- towards
part consideration under an allotment letter dated 11 th May,
2013. The applicants subsequently entered into an agreement
with M/s. Rite Builtec Pvt. Ltd. and transferred their right, title
and interest in the said project without disclosing that they had
entered into an agreement and accepted part consideration
therein. Eventually, the said LOI came to be terminated by the
SRA. The applicants neither delivered the flat nor refunded the
amount of Rs.18,00,000/-.
4. Mr. Tiwari, the learned Counsel for the applicants,
submitted that the applicants had no intent to deceive the first
informant. As the original holder of the land, who had entered
into certain transactions, availed loan from DHFL and the
project could not be developed, proceedings have been instituted
before the NCLT. The applicants are, however, willing to bring
back the amount which they had received from the first
informant alongwith a reasonable interest thereon.
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5. The learned APP and the learned Counsel for the first
informant resisted the prayer for bail.
6. The learned Counsel for the intervener invited the
attention of the Court to the public notice issued by M/s. Rite
Builtec Pvt. Ltd., which categorically records that the applicants
had made a declaration that they had not sold any flat or any
part of the area to any person or party.
7. It, prima facie, appears that the project changed hands
over a period of time. Different entities entered into the frame.
Eventually the project got embroiled in an insolvency petition
before the NCLT. However, since the applicants have shown
willingness to bring back the amount which they had received,
the question as to whether since inception the intention of the
applicants was dishonest, warrants consideration.
8. Thus in view of the aforesaid submission on behalf of the
applicants that they are willing to bring back a sum of
Rs.25,00,000/-, without prejudice to their rights and
contentions, I am impelled to grant interim protection while
directing the applicants to join in the investigation.
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906-ABA1106-2024.DOC
9. Hence the following order:
:ORDER:
(i) The applicants, as undertaken, shall deposit a sum of Rs.25,00,000/- in this Court within a period of four weeks, without prejudice to the rights and contentions of the parties.
(ii) Subject to the aforesaid deposit, in the event of arrest of the applicants in CR No.201 of 2024, registered with Kasturba Sub Police Station, Mumbai, the applicants be released on bail on furnishing a PR Bond in the sum of Rs.30,000/-, each, with one or two sureties in the like amount.
(iii) The applicants shall cooperate with the investigation and attend Kasturba Sub Police Station on 2 nd 3rd and 4th and May, 2024 between 10.00 a.m. to 1.00 p.m. and, thereafter, as and when directed.
(iv) The applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case.
(v) Stand over to 19th June, 2024.
[N. J. JAMADAR, J.]
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