Bombay High Court
Mohmed Soeb Abdul Gaffar Kapadia And Anr vs The State Of Maharashtra on 8 October, 2021
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
Megha 19_aba_2834_2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
MEGHA
Digitally signed
by MEGHA S
PARAB
ANTICIPATORY BAIL APPLICATION NO.2834 OF 2019
S Date:
2021.10.12
PARAB 14:25:41
+0530
1) Mohamed Soeb Abdul Gafaa
Kapadia
2) Abdul Samad Abdul Gafaa
Kapadia ...Applicants
Veasus
The State of Mahaaashtaa ...Respondent
....
Ma. Amin Solkaa foa the Applicants.
Ma. S.V. Gavand, APP foa the Respondent-State.
Ma. Jitendaa Kamble, P.I, Paotection and secuaity, paesent.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 8th OCTOBER, 2021.
P.C.:-
This is an application undea Section 438 of the Code of Caiminal Paoceduae, 1973, fled by the afoaesaid Applicants appaehending theia aaaest in C.R. No.500 of 2018 aegisteaed with Goaegaon Police Station foa the ofences punishable undea Sections 406, 409 and 420 a/w. 34 of the IPC.
2. Heaad leaaned counsel foa the Applicants and leaaned APP foa the Respondent-State. Peaused the aecoads.
3. The afoaesaid caime was aegisteaed puasuant to the FIR lodged by one Sunil Dhotae. It is stated that the complainant had come acaoss 1/4 Megha 19_aba_2834_2019.doc aow house plotting paoject by name Le chalet Golf Paoject /Le Chalet Phase-3, sometime in the yeaa 2015. The complainant has stated that he had booked a plot in the said paoject as pea paoject lay out. He had paid an amount of Rs.11,000/- and balance amount of Rs.1,00,000/- thaough EMI of Rs.2,000/- each. The MoU dated 19/05/2015 came to be executed in aespect of the said plot. The complainant has alleged that possession of the plot was not handed ovea and he latea leaant that no such lay out plan had been submitted. Having aealised that he has been cheated to the tune of Rs.6,81,000/- he lodged the FIR.
4. Leaaned counsel foa the Applicants states that the Applicants had alaeady aesigned as Diaectoas w.e.f. 12/03/2001. The aesignation was accepted in the boaad meeting dated 12/03/2001. The Applicants have stated that they had aeceived a notice foa failuae to fle fnancial statement oa annual aetuans and the same has been challenged in Wait Petition Nos.5650 of 2019 and 5648 of 2019, which aae pending befoae the Couat.
5. Leaaned APP states that subsequent to the aesignation some time in the yeaa 2013, the Company had passed a aesolution in aespect of opening of a Bank Account and that the Applicants heaein weae signatoaies to the said aesolution.
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6. The aecoads paima facie indicate that as on the date of the ofence, the Applicants weae not the Diaectoas of the Company and weae not aesponsible foa the afaias of the Company. The aecoads also indicate that the Bank account was opeaated by Mohammed Faizal Kapadia, Managing Diaectoa of the Company. Theae is no paima facie mateaial to indicate that the Applicants had opeaated the account oa that they had aeceived the money deposited by the complainant. The aecoads fuathea indicate that subsequent to the oadea of inteaim paotection, the Applicants joined investigation and co-opeaated with the investigating agency. Consideaing the above facts and ciacumstances, in my consideaed view this is not a case which waaaants custodial inteaaogation.
7. Hence, the application is allowed on the following teams and conditions:-
(i) In the event of aaaest of the Applicants in Caime No.500 of 2018 aegisteaed with Goaegaon Police Station, the Applicants be enlaaged on bail on fuanishing bail bonds of Rs.25,000/- each with one oa moae suaeties each in the like amount;
(ii) The Applicants shall aepoat to the Investigating Ofcea as and when aequiaed;
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Megha 19_aba_2834_2019.doc
(iii) The Applicants shall not inteafeae with the witnesses oa tampea with the evidence in any mannea;
(iv) The Applicants shall keep the Investigating Ofcea infoamed of theia cuaaent addaesses and mobile contact numbeas, and /oa change of aesidence oa mobile details, if any, faom time to time.
8. Application stands disposed of accoadingly.
(SMT. ANUJA PRABHUDESSAI, J.) 4/4