Bombay High Court
Pranay Prakash Singh And Anr vs State Of Maharashtra on 22 December, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2025:BHC-AS:56776 609 ABAS 1564,1570,1651.25.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1564 OF 2025
1. Saurabh Eknath Ghule ...Applicants
2. Vinay Prakash Shingi
Versus
State of Maharashtra & Anr. ...Respondent
WITH
INTERIM APPLICATION NO. 4344/2025
IN
ANTICIPATORY BAIL APPLICATION NO.1564 OF 2025
Mohammed Irfan Abdul Rehman Momin ...Applicant
Versus
State of Maharashtra & Anr. ...Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.1570 OF 2025
1. Pranay Prakash Shingi ...Applicants
2. Sushil Eknath Ghule
Versus
State of Maharashtra & Anr. ...Respondent
WITH
INTERIM APPLICATION NO. NO.4335 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.1570 OF 2025
Mohammed Irfan Abdul Rehman Momin ...Applicant
Versus
State of Maharashtra & Anr. ...Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.1651 OF 2025
Abhijit Vasant Shende ...Applicant
Versus
State of Maharashtra & Ors. ...Respondents
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WITH
INTERIM APPLICATION NO. 4342 OF 2025
IN
ANTICIPATORY BAIL APPLICATION NO.1651 OF 2025
Mohammed Irfan Abdul Rehman Momin ...Applicant
Versus
State of Maharashtra & Anr. ...Respondent
Mr. Abhay Khandeparkar, Senior Advocate (Amicus Curiae), a/w
Mr. Vaibhav V. Ugle, Advocate (Amicus Curiae)
Mr. Aabad Ponda, Senior Advocate a/w Jugal Kanani for
Applicants in ABA 1564 of 2025.
Mr. Harshad V. Nimbalkar, Senior Advocate a/w Mr. Satyam H.
Nimbalkar i/by Mr. Ashishek U. Arote, for Applicant in ABA 1651
of 2025.
Mr. Niranjan Mundargi, i/by Ms. Keral Mehta for Applicants in ABA
No. 1570 of 2025.
Mr. Santosh Budhwani a/w Ms. Yasmin Shaikh i/by Yasmin Shaikh
for Applicant in IAs
Mr. S.A. Karmakar, APP for State.
Ms. S.M, Yadav, APP for State.
IO, Mr. Santosh Khetmalas, E.O.W., Pune City, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 22nd December 2025
P.C.:
1. Heard on earlier dates Mr. Ponda, learned Senior Counsel
appearing for the Applicant in Anticipatory Bail Application
No.1564 of 2025 (Accused No. 4 and 5), Mr. Mundargi, learned
Counsel for the Applicant in Anticipatory Bail Application No.1570
of 2025 (Accused No. 1 and 2) and Mr. Nimbalkar, learned Senior
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Counsel appearing for the Applicant in Anticipatory Bail
Application No. 1651 of 2025 (Accused No.3), Ms. Yadav, learned
APP and Mr. Karmakar, learned APP, Mr. Abhay Khandeparkar,
learned Senior Counsel a/w Mr. Vaibhav Ugale, learned Counsel
appointed as amici curiae to represent interest of the flat
purchasers and Mr. Budhwani, learned Counsel for the Intervenor.
2. By these Applications filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the
Applicants are seeking pre-arrest bail in connection with C.R.
No.922 of 2024 registered with Lonikand Police Station, Pune City,
for the offences punishable under Sections 406, 409, 420 read with
Section 34 of the Indian Penal Code, 1860 ("IPC"), Sections 3,5, 8
and 13 of Maharashtra Ownership of Flats Act, 1963 ("MOFA")
and under Sections 3 of Maharashrta Protection of Interest of
Depositors, Act 1999 ("MPID").
3. The prosecution case is set out in paragraph Nos. 3(a) to (s)
of Anticipatory Bail Application No. 1564 of 2025, which reads as
under :
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"a. Pranay Prakash Singhi, Sushil Eknath Ghule,
Abhijit Vasant Shende and the present Applicants run a
construction company known as SSG Realty and Infra
LLP and have their offices at Survey Nos. 8/3/2, 8/3/3,
Vellore Towers, Keshav Nagar, Mundhwa, Pune
(hereinafter referred to as the "said Firm").
b. In the year 2014, the said Firm commenced the
construction of a new building project known as
'Suburbia Estate' located at Gat No. 501, Nagar Road,
behind Wakefield Company, Lonikand, Pune (hereinafter
referred to as the "said Project"). The said Project is
registered with the Real Estate Regulatory Authority
(RERA) bearing RERA registration No. P 52100002391.
c. The Informant learned about the said Project
through billboards/hoardings put up in the vicinity of
the said Project.
d. Sometime in January 2015, the Informant and his
wife visited the office of the said Project for purchasing a
flat and met a person named Mr. Deepak Singh from the
sales team of the said Firm.
e. Mr. Deepak Singh attended to the Informant and
his wife and showed them the said Project and provided
them with all the relevant and necessary information in
respect of the said Project.
f. During the said visit, the Informant and his wife
decided to book a flat in the said Project, being Flat No.
601, 6th Floor, 'B' Building, admeasuring 61.22 sq.mtr.,
along with 9.94 sq.mtr. terrace and 9.29 sq.mtr. parking
space, costing a total of Rs.36,11,750/- and decided to
buy the same at the quoted price (hereinafter referred to
as the "said Flat").
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g. Accordingly, on 29 January 2015, the Informant
paid an amount of Rs.2,00,000/- via cheque drawn on
his bank account with ICICI Bank, Satara Road, Pune,
bearing bank account no. 033701500891 in the name of
said Firm and booked the said Flat.
h. As far as the balance amount towards the
consideration of the said Flat was concerned, the
Informant was introduced to the one of the employees
of ICICI Bank, namely Mr. Sagar Bhadakwad by Mr.
Deepak Singh. Upon instructions by the Informant, Mr.
Sagar Bhadakwad prepared a loan file for the balance
consideration amount of Rs.30,72,671/- in favor of the
Informant.
i. Subsequently, on 13 February 2015, ICICI Bank,
Bhandarkar Road, Pune approved the loan and
transferred an amount of Rs. 30,72,671/- in the loan
account bearing No. 00002353959.
j. Thereafter, on 27 February 2015, the Informant
entered into an agreement for sale for the purchase of
the said Flat and the said agreement was registered
bearing registration No. 2510/2015 with the Registrar
Office - 4, Pune (hereinafter referred to as the "said
Agreement'). The registration fees of Rs.30,000/- and
stamp duty of Rs.1,44,500/- was also paid in respect of
this transaction. [Annexed hereto and marked as
EXHIBIT 'B' is a copy of the Agreement for Sale executed
between the Informant and the said Firm.]
k. Between 11 February 2015 to 21 June 2019 the
Informant paid a total amount of Rs. 38,41,775/- to the
said Firm from the loan availed by him from ICICI Bank.
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l. As per the said Agreement, the Accused persons
were supposed to handover the possession of the said
flat after a period of 30 months from the date of receipt
of plinth certificate i.e., by August 2018.
m. It is alleged that on 10 February 2016, the said
Project received the plinth certificate and as per the
terms of the said Agreement, the 30 months' period
expired in August 2018, making it obligatory on the part
of the Accused persons to hand over the possession of
the said Flat to the Informant. It is alleged that despite
several requests seeking possession of the said Flat,
there was no response from the Accused persons, nor
did the Accused persons refund the amount paid by the
Informant.
n. The said Firm applied to the RERA seeking
extension of time to complete the said Project on 10
August 2018, 10 August 2019, 9 August 2020, 2
November 2020 and 30 April 2023. On each occasion,
the RERA was pleased to grant the extension sought for
by the said Firm for completion of the said Project.
o. As per the provisions of Section 28(b) of the Real
Estate (Regulation and Development) Act, 2016
(hereinafter referred to as the "RERA Act"), it is
mandatory for the developers/builders to obtain
permission from at least 51% of the purchasers before
approaching the RERA authorities for seeking extension
of time for completion of projects.
p. The Informant's friend, one Mr. Prakash Johare,
had approached the RERA offices with an application
under the provisions of the Right to Information Act,
2006, and on 30 April 2023, Mr. Prakash Johare learned
that only 29% of the purchasers had given their consent
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for the extension of time. Upon receiving this
information, the Suburbia Association Trust filed a
complaint against the Accused persons and the said
Firm, which are pending as on date.
q. According to the information received from the
MahaRERA, the said Firm has received an amount of
Rs.63,61,67,979/- and has also availed a loan for an
amount of Rs. 23 Crores from C. Com. Bank, Andheri
Branch.
r. It is alleged that less than 70% of the total funds
collected from flat owners had been used for the
construction of the said Project, despite this being
mandatory under the provisions of the RERA Act. It is
also alleged that the Accused persons have
misappropriated the funds received the said Firm.
s. It is alleged that the said Firm and the Accused
persons have cheated the Informant for an amount of
Rs. 36,11,750/- and other flat owners for a total sum of
Rs. 94,49,44,353/-."
(Emphasis added)
4. It is the submission of the learned Counsel for the Applicants
that the dispute if any, is of the civil nature.
5. On the other hand, it is the submissions of the learned APP
that the offence is serious and therefore custodial interrogation is
necessary.
6. Mr. Khandeparkar, learned amicus submitted that the
offence is very serious.
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7. It is the prosecution case that less than 70% of the total
funds collected from flat owners had been used for the
construction of the said Project, and that the Accused persons have
cheated the First Informant for an amount of Rs. 36,11,750/- and
other flat owners for a total sum of Rs. 94,49,44,353/-
8. This Court after noticing that many flat purchasers who have
paid substantial amounts are affected by the subject crime
appointed Mr. Abhay Khandeparkar, learned Senior Counsel a/w
Mr. Vaibhav Ugle, learned Counsel to represent the interest of the
flat purchasers.
9. Learned Counsel for the Applicants in ABA No. 1564 of 2025
and ABA No. 1570 of 2025 tenders additional Affidavit dated 22 nd
December 2025 (Pages 161 to 171). Paragraph Nos. 1 to 8 of said
Affidavit reads as under "
"1. In continuation of our Affidavits dated
11/07/2025, the Applicants on behalf of SSG Realty &
Infra LLP undertake to complete the subject project in
accordance with the sanctioned / approved / proposed
plans, obtain Occupancy Certificate and handover
possession of buildings completed in all respects fit to be
occupied within a period of 14 months from the date of
the Order. All Applicants shall be jointly and severally
liable to perform the undertaking given hereinabove. In
an event of there being any delay in completion of the
project other than defaults / non- compliances on the
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part of the Applicants, the Applicants be at liberty to
approach this Hon'ble Court for extension of timelines.
2. The Purchasers / Complainants / Members of the
Association shall pay the balance consideration payable
under the Agreements for Sale against and at the time of
handing over the possession.
3. As the Applicants have agreed to receive the balance
consideration amount from the present for Purchasers,
the Applicants shall be seeking necessary relief to sell
the unsold component in the subject project to raise
funds for completing the construction of the subject
project, and the Purchaser/Complainant / Members of
the Association shall not raise any objections for the
same before any Court or Authority.
4. In an event of any of the Purchasers of the flats
being desirous of selling the flats in the market, the
Applicants undertake to give their no objection and
further execute the Tripartite Agreement subject to
payment of the balance consideration in accordance
with the Agreement executed by the Applicants with the
Purchasers. Annexed hereto and marked as ANNEXURE
'1' is a list of flat purchasers indicating the balance
amounts to be paid.
5. In order to facilitate the completion of the project
and permit the Applicants to extend the MahaRERA
registration, the Purchasers / Complainants / Members
of the Association shall give their no objection / consent
for the project with sanctioned / proposed / plans,
within a period of 15 days from the date of the Order,
and ensure and obtain necessary extension / consent
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from the MahaRERA within a further period of 30 days
thereof.
6. In an event of the failure of the Applicants to
comply with the undertakings, all consequences to
follow including seeking cancellation of Anticipatory
Bail granted to the Applicants.
7. In the event of compliance of the undertaking by
the Applicants, all Purchasers/Complainants / Members
of the Association shall give their no objection for
quashing of the proceedings arising out of the subject
project.
8. The Applicants / Deponents herein take the entire
responsibility to comply with the present undertaking."
10. Mr. Khandeparkar, learned Senior Counsel tenders Affidavit
of Ravi Ranjan Kandhway, President of Association of flat
purchasers i.e. Suburbia Association Trust, filed on behalf of all
the flat purchasers. The paragraph No. 1(a) to 1(e) of the said
Affidavit reads as under :
"a. If the Applicants takes 14 months 45 days to
complete the subject project in accordance with
sanction plan, obtain Occupancy Certificate, and
handover peaceful vacant possession of all respective
flat buyers of Suburbia Estate, Lonikand, Pune 412 216.
All the Applicants shall be jointly and severally liable to
perform such acts.
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b. The Applicants gives an undertaking to this
Hon'ble Court about that they will complete the subject
project, obtain Occupancy Certificate, and handover
possession of the said Flat to all the respective buyers
within 14 months and 45 days from today with all the
commitments as per the sale agreement.
c. The Applicants gives NOC and allow all the
respective buyers to sell/transfer/create third party
right in respect of the said Flat without imposing any
conditions. The balance consideration of the respective
flat would be due and payable by the buyers against at
the time of possession only. We say that, we have no
objections for quashing of FIR after fulfillment of
aforesaid terms and conditions and after handing over
peaceful possession of the respective flats.
d. In an event that the Applicants failed to complete
the subject project as per approved plans, obtain
Occupancy Certificate, and handover possession of the
said Flat to all the buyers within the stipulated time,
inthatcase, the pre-arrest bail as granted to the
Applicants by this Hon'ble Court shall stand cancelled
without further reference to this Hon'ble Court.
e. As far as civil remedies of all respective flat buyers
are concerned, the same be expressly kept open without
any terms and conditions."
11. Although the offence is very serious, however, as the
Applicants in ABA No.1564 of 2025 and ABA No. 1570 of 2025
have undertaken to handover possession of the subject flats by
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obtaining occupancy certificate to the flat purchasers within a
period of 14 months from the date of this Order, the case is made
out for granting anticipatory bail.
12. The various statements made in the said Additional
Affidavit dated 22nd December 2025 by the Applicants in ABA
No.1564 of 2025 and in ABA No. 1570 of 2025 are accepted as
undertakings given to this Court.
13. On the earlier date, Mr. Nimbalkar, learned Senior Counsel
for the Applicant in ABA No. 1651 of 2025 submitted that the
Applicant- Abhijit Vasant Shende has already retired on 4th August
2017 from SSG Realty & Infra LLP. Learned Counsel appearing for
the Applicant in ABA No. 1564 of 2025 and 1570 of 2005 confirms
the said position and states that the entire responsibility is of the
Applicants in ABA No. 1564 of 2025 and 1570 of 2025 to comply
with the undertakings as set out in additional Affidavit dated 22 nd
December 2025.
14. Mr. Khandeparkar, learned Senior Counsel submits that it be
clarified that civil remedies of all respective flat buyers are kept
open. Mr. Mundargi, learned Counsel for the Applicants states that
as by additional Affidavit dated 22 nd December 2025, the
Applicants in ABA No. 1564 of 2025 and 1570 of 2025 have agreed
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to handover possession of respective flats within a period of 14
months, the civil action will not be necessary.
15. However, it is clarified that all contentions to be raised in
such civil remedy, if adopted, are expressly kept open.
16. Thus, by imposing conditions, the case is made out for grant
of Anticipatory Bail to the Applicants. Hence, following Order is
passed:
ORDER
(i) In the event of arrest, the Applicants- (1) Saurabh Eknath Ghule, (2) Vinay Prakash Shingi in ABA No. 1564 of 2025, Applicants- (1) Pranay Prakash Shingi, (2) Sushil Eknath Ghule in ABA No. 1570 of 2025 and Applicant- Abhijit Vasant Shende in ABA No.1651 of 2025 be released on bail in C.R. No.922 of 2024 registered with Lonikand Police Station, Pune City, on executing P.R. bonds of Rs.1,00,000/- each and furnishing one or two solvent sureties each in the like amount.
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(ii) The Applicants shall attend the concerned Police as and when called by the Police and shall co-operate with the investigation.
(iii) The Applicants shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(iv) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(v) The Applicants shall not leave India without prior permission of the Court.
(vi) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner. Page 14 of 15 Dusane ::: Uploaded on - 22/12/2025 ::: Downloaded on - 23/12/2025 20:33:29 ::: 609 ABAS 1564,1570,1651.25.DOC
17. The Anticipatory Bail Applications are allowed and disposed of accordingly.
18. In view of disposal of the Anticipatory Bail Applications, the Interim Applications do not survive and the same are also disposed of.
19. This Court places on record appreciation of the assistance rendered by Mr. Abhay Khandeparkar, learned Senior Counsel alongwith Mr. Vaibhav Ugle learned Counsel appointed as amici curiae.
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