Bombay High Court
M/S Shree Jain Swetamber Murtipujak ... vs Mahendra Saremal Jain And Anr on 4 January, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
rpa 1/4 27 appp 67 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.67 OF 2019
IN
BAIL APPLICATION NO.1911 OF 2017
M/s.Shree Jain Swetamber Murtipujak Sangh
Through its Secretary
Mr.Ashok B. Jain .. Applicant
Versus
1) Mahendra Saremal Jain; and
2) State of Maharashtra .. Respondent
......
Mr.Brijesh Rathod i/b. M/s.V.K. Dubey Associates, Advocate for
the Applicant in APPP 67 of 2019.
Mr.Niranjan Mundargi a/w. Mr.Keral Mehta i/b. M/s.H.H. Nagi
and Associates, Advocate for Respondent No.1.
Mrs.M.M. Deshmukh, APP for the Respondent No.2- State.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JANUARY 4, 2022.
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
P.C. :
PRAKASH AHER
AHER Date:
2022.01.07
10:22:36
The application is fled through the Secretary by
+0530
Shree Jain Swetamber Murtipujak Sangh under 43 under Section
439(2) of Cr.P.C., seeking cancellation of bail granted to
respondent no.1 vide order dated 21st September, 2017, passed by
this Court in Criminal Bail Application No.1911 of 2017.
rpa 2/4 27 appp 67 2019.doc
2 First Information Report ("FIR", for short) was
registered under C.R.No.584 of 2016, by Harakchand Sawala on
1st December, 2016, for ofences punishable under Sections 406
and 420 of IPC. It was alleged that, the silver engrossed on
Indradhwaja and chariot valued about 1,85,00,697/-, owned by
Shri Jain Swetambar Murtipujak Sangh's Sambhavnath Jain
Mandir, at Jambhli Galli, Borivali west, was entrusted with
secretary of Mahendrabhai Pawesha on trust has been
misappropriated by him and the temple trust has been cheated.
3 Learned advocate for the applicant submitted that
while allowing application for bail, the condition was imposed
that the applicant shall not tamper with the evidence or attempt
to infuence or contact the complainant, witnesses or any person
concerned with the case. There is breach of this condition by the
applicant. The applicant is trying to infuence the witness. He has
been threatening the witnesses. N.C. complaint was registered
against him. He has fled complaints before Court of Magistrate.
One Kiran Manjrekar had published news in his newspaper and
portrayed the image of managing committee in bad light.
Reputation of all trustees is spoiled. It was done at the instance of
respondent no.1.
rpa 3/4 27 appp 67 2019.doc
4 Learned counsel for respondent no.1 submitted that
there is no ground for cancellation of bail granted to the
respondent no.1-accused. He was in custody after his arrest in
the present case. Bail was granted to him pursuant to the fling of
charge-sheet. There is a dispute between two groups of trustees.
Respondent no.1 had fled a private complaint seeking
investigation under Section 156(3) of Cr.P.C., in which directions
were issued by the Court of learned Metropolitan Magistrate 25 th
Court, Borivali, vide order dated 23rd October, 2018. The
respondent no.1 has been exercising his rights of legal remedies.
5 Learned APP, on instructions, submitted that the
charge-sheet is already fled against the respondent no.1-
accused. The case is pending before the competent Court. Charge
is not yet framed.
6 On perusal of the documents on record, it is apparent
that there is dispute between respondent no.1 and others. While
granting bail to the applicant, vide order dated 21 st September,
2017, this Court had observed that nothing is recovered at the
instance of respondent no.1. He was in custody from December
2016, and, on completing investigation, charge-sheet is fled. Bail
rpa 4/4 27 appp 67 2019.doc
has been granted in 2017. This application has been preferred in
2019. The application refers to some alleged incidents of 2018.
The case is pending before the concerned Court. I do not fnd any
reason to set aside the order granting bail passed by this Court
on 21st September, 2017.
7 Hence, I pass the following order:
:: O R D E R ::
(i) Criminal Application No.67 of 2019, is rejected, and, stands disposed of accordingly.
(PRAKASH D. NAIK, J.)