Bombay High Court
Sarfraz Jaffar Ahsan@Amar Khanna vs The State Of Maharashtra on 16 November, 2021
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
Megha 9_ba_167_2019 new.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
MEGHA
BAIL APPLICATION NO.167 OF 2019
MEGHA S
PARAB
S Date:
PARAB 2021.11.18
13:52:12
+0530
Sarfraz Jafar Ahsan @ Amar
Khanna ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
....
Mr. Nitin Sejpal for the Applicant.
Mr. S.V. Gavand, APP for Respondent No.1-State.
Mr. Niranjan Mundargi for Respondent No.2.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATE OF ORDER: 16th NOVEMBER, 2021 P.C.:-
The Applicant, who is facing trial in Sessions Case No.1000606 of 2018 for ofences punishable under Sections 376, 406, 420, 465, 467, 468, 469, 471 and 506 of the IPC, has fled this application under Section 439 of the Code of Criminal Procedure, 1973 seeking his enlargement on bail.
2. The Complainant is one of the leading actresses of Hindi flm industry. She lodged the FIR alleging that the Applicant, had approached her with a proposal to attend Dandia programme at Nashik. He later befriended her and they developed close relationship. It is the case of the Complainant that the Applicant forged and fabricated 1/14 Megha 9_ba_167_2019 new.doc several documents, subjected her to sexual assault, induced her into entering fnancial transaction and in parting with movable and immovable properties. She has alleged that the Applicant has cheated her to the tune of Rs.15,40,60,000/-. Based on the said FIR, Crime No. 17 of 2018 came to be registered at Juhu Police Station for the ofences under Sections 376, 406, 420, 465, 467, 468, 469, 471 and 506 of the IPC, investigation of which was subsequently entrusted to Crime Branch Unit-9.
3. The Applicant was arrested on 22/3/2018 and was initially remanded to police custody and thereafter to judicial custody. The crime was investigated and upon completion of the investigation, charge sheet was fled. The ofence under Section 376 of the IPC being sessions triable the case has been committed to the Sessions Court, Greater Bombay. The Applicant fled bail application being Criminal Bail Application No.1852 of 2018, before the learned Sessions Judge, Greater Bombay, which has been dismissed by order dated 31/10/2018. Hence, the present application.
4. Heard Mr. Nitin Sejpal, learned counsel for the Applicant, Mr. S.V. Gavand, learned APP for Respondent -State and Mr. Niranjan Mundargi, learned counsel for the intervenor/complainant. I have perused the records and considered the submissions advanced by 2/14 Megha 9_ba_167_2019 new.doc learned counsel for the respective parties.
5. The FIR prima facie indicates that in August-2011 the Applicant had invited the Complainant to attend dandia festival at Nashik. He gradually gained her confdence and developed close association with her and later cheated her to an amount of Rs.15, 40,60,000/-. The accusations against the Applicant are that :-
(i) The Applicant told the Complainant that he had several contacts with Revenue and other Government Ofcers and induced her in paying an amount of Rs.20,67,000/- on the pretext that he would help in reducing her tax liability in respect of the land at Alibag. The Complainant has alleged that the Applicant neither cleared the arrears of tax nor refunded the money.
(ii) The Applicant prevailed upon the Complainant to sell her old Honda Civic Car and induced her to pay to him an amount of Rs.10,58,000/-on an assurance that he would use his contacts to get a new Mahindra X 500 car at a reasonable rate. The Complainant has alleged that the Applicant neither purchased the car nor refunded the money.
3/14
Megha 9_ba_167_2019 new.doc
(iii) The Applicant induced the Complainant in parting with an amount of Rs.72,00,000/- under the pretext that he was in need of money for business purpose. The Complainant has alleged that the Applicant has not returned the said amount.
(iv) The Applicant misappropriated an amount of Rs.5,00,000/-, paid by the organizers of Dandia programme at Nashik as charges/ fees of the Complainant for attending the event.
(v) The Applicant induced the Complainant in parting with gold ornaments worth 62,00,000/- under the pretext that he would invest the money in his business and in return give to her gold ornaments worth thrice the value of her gold ornaments. The Complainant has stated that the Applicant has not returned her gold ornaments.
(vi) The Applicant induced the Complainant in making payment of Rs.10,85,000/- under the pretext that the arrears of the fat of her mother at Napean Sea Road were due and by misrepresenting to her that on failure to pay the arrears the Government was likely to attach the fat.
The Complainant has alleged that the Applicant has not 4/14 Megha 9_ba_167_2019 new.doc given her the receipt in respect of payment of tax and has misappropriated the said amount.
(vii) The Applicant induced the Complainant in selling silver items of her mother worth Rs.28,00,000/-on an assurance that he would invest the money in purchasing a four bedroom fat at Nalasopara in the name of her children. The Complainant has alleged that the Applicant has not booked any such fat in the name of her children and has misappropriated the said amount.
(viii) The Applicant induced the Complainant in parting with her gold and diamond jewelry worth 4.5 crores under the pretext that he would purchase four fats of MHADA in Lokhandwala Complex at Andheri in the names of her sons. He had told her that he had pledged the jewelry with Om Shilpi Jewelers and HDFC Bank and paid an amount of Rs.2 crores to MHADA. The Applicant has not booked the fats. He has forged and fabricated allotment letters under the seal of MHADA.
(ix) The Applicant induced the Complainant in parting with gold jewelry worth Rs.13.5 lakhs and diamond necklace 5/14 Megha 9_ba_167_2019 new.doc and bracelet worth Rs.1.25 crores on an assurance that the said money would be invested in a plot at Malvani, Mumbai. The Complainant states that the said money has not been invested in any plot and that the Applicant has misappropriated the same.
(x) The Applicant induced the Complainant in paying Rs.16,00,000/- to book a fat in Rustomji Elita Building, Andheri(west) with an assurance that the value of the fat would go up considerably. The Complainant states that the said money has not been invested in a fat and that the Applicant has misappropriated the same.
(xi) The Applicant persuaded the Complainant to sell the fat of her mother at Napean Sea Road on an assurance that Royal Rainbow Co-op. Housing Society at Juhu Tara Road wherein his company had a fat of 4000 sq.ft area was likely to be redeveloped and that she should invest the money in the said project. The Complainant claims that after deducting TDS she had transferred a total amount of Rs.7.41 crores in the account of the Applicant's company by RTGS. The Complainant states that the Applicant has misappropriated the said money.
6/14
Megha 9_ba_167_2019 new.doc
6. The Complainant has further stated that on 27/07/2016 the Applicant took her to Bangur Nagar Police Station for recording her statement in a crime registered against him. He had requested her not to say anything against him. Later he was annoyed with her for giving a statement against him and threatened to ruin the future of her children. She has further stated that when she stopped him from entering her house, he showed her a nikahnama and threatened to defame her. The Complainant has also alleged that the Applicant had sexually abused her. The FIR further states that the Nikahnama, the allotment letters of MHADA as well as the agreement with Rainbow Society are forged and fabricated. She has stated that the Applicant has failed to return her money and gold ornaments and other valuables despite assurance and promise in the name of the holy shrine of Mecca Madina. The Complainant has stated that the Applicant has cheated her to the tune of Rs.15,40,60,000/-.
7. A perusal of the records more particularly the entries in the bank accounts of the Applicant prima facie indicate that the Complainant had transferred huge amount of money in the bank account of the Applicant. The Applicant had not invested the money in purchase of fats or property as assured. The records prima facie reveal that the Applicant had handed over to the Complainant four allotment 7/14 Megha 9_ba_167_2019 new.doc letters purportedly issued by MHADA acknowledging receipt of Rs.69,26,000/- in respect of each of the premises and allotting two premises each in MHADA buildings in the names of both the sons of the Complainant. A perusal of letter dated 14/2/2018 issued by the Ofcer of MHADA prima facie indicates that the said allotment letters are forged and fabricated.
8. The Applicant has also handed over to the Complainant a sale deed dated 02/05/2016 in respect of property admeasuring 4000 sq.meters purportedly sold to the Complainant by the Applicant. Said sale deed prima facie appears to be fabricated document as no such property has been transferred in favour of the Complainant. The records also prima facie indicate that the Applicant has obtained voters identity card, pan card and ration card in the name of Amar Anup Khanna and thus created a fake /fctitious identity for himself.
9. The Applicant claims that he left his four years old son and his family as he was madly in love with the Complainant. The Applicant claims to have married the Complainant in the year 2012. The statement of Suchita @ Sumaiya Sarfaraj Ahsan, the frst wife of the Applicant indicates that their marriage was dissolved in the year 2010 in view of his extra marital relationship with one lady by name Ashu. Hence, the contention of the Applicant that he had left his family for 8/14 Megha 9_ba_167_2019 new.doc the sake of the Complainant prima facie appears to be false. The prosecution has placed on record two nikahnamas, which indicate that the nikah ceremony between the Applicant and the Complainant was performed at two diferent places i.e. at Hajrat Nizamuddin Awliya Delhi and at Kuber Crown, Yari Road, Versova, Andheri on the same date i.e. 01/08/2012. The statements of Baba Asgar Hyderali and Mohd. Ayub Dost Mohd. Ansari prima facie indicate that the nikahnamas are fabricated. The material on record further indicates that in Criminal Writ Petition No.939 of 2017 for quashing the FIR No.125 of 2016 lodged by Deepali at Bangur Nagar Police Station, the Applicant had stated that the Complainant herein was roped in the said crime to attract media attention. He had stated that he only shared a good relationship with the Complainant and nothing more.
10. The material on record thus prima facie indicates that the Applicant had befriended the Complainant with an intention of cheating her. He gained her trust and fraudulently and dishonestly induced her to part with money and other valuables under the pretext of investing the money in real estate, to help him tide over the fnancial crises, etc. The material on record prima facie reveals that the Applicant has misappropriated the said amount and has cheated the Complainant.
11. The material on record also prima facie reveals that the 9/14 Megha 9_ba_167_2019 new.doc Applicant had created forged and fabricated allotment letters, sale deed, etc. to convince the Complainant that the money has been appropriately invested. He has created fabricated pan card, voters ID card, ration card, etc. in the name of Amar Khanna to create a fake and fctitious identity for himself.
12. Learned APP has placed on record copies of frst information reports lodged against the Applicant by Amarjit Singh, Dinesh Khaire, Deepali and Pooja. A perusal of the frst information report lodged by Amarjit Singh prima facie reveals that the Applicant had induced him to invest money in various properties and had cheated him to the tune of Rs.19,22,24,356/-. Pursuant to the said FIR Crime No.39 of 2019 has been registered against the Applicant at Bandra DCB CID for ofences under Sections 406, 419, 420, 467 r/w 34 of the IPC. Upon completion of the investigation charge sheet has been fled against the Applicant and CC-290/PW/2019 is pending before Metropolitan Magistrate, Esplanade.
13. Similar accusations are made by Dinesh Khaire in the FIR dated 8/2/2019 lodged before Cuf Parade Police Station. He has alleged that the Applicant has defrauded him to the tune of Rs.1,12,12,000/- on an assurance that he would procure a fat at 10/14 Megha 9_ba_167_2019 new.doc reasonable rate. Pursuant to the said FIR Crime No.23 of 2019 has been registered against the Applicant for ofence under Section 420 of the IPC. Upon completion of the investigation charge sheet has been fled against the Applicant and CC-790/PW/2019 is pending on the fle of Metropolitan Magistrate, Esplanade.
14. In the FIR lodged by Deepali she has alleged that the Applicant had represented to her that he had won election from Gorakhpur, U.P. and is also in flm making and is a real estate developer, etc. He represented to her that he is an unfortunate lonely bachelor and persuaded her to marry him by stating that he is deprived of love. After the marriage he abused and ill-treated her and induced her in paying cash and jewelry total worth Rs.3,00,50,000/-. She has stated that she later learnt that the Applicant is a conman, who lures single woman/divorced lady for their money. She learnt that the Applicant was married to Ashu on 04/11/2011 at Masoori. He is an elite member of Shadi.com, where he portrays himself as a rich Hindu bachelor and that he had proposed to marry Aarti. Pursuant to the said frst information report Crime No.125 of 2016 has been registered against the Applicant at Varsova Police station for ofences under Sections 384, 498 A, 406, 419, 420, 323 of IPC. Upon completion of the investigation charge sheet has been fled against the Applicant and 11/14 Megha 9_ba_167_2019 new.doc CC-2186/PW/2017 is pending before Metropolitan Magistrate, Andheri.
15. Pooja has lodged a frst information report against the Applicant at Bangur Nagar Police station alleging that the Applicant had proposed to marry her daughter without disclosing that he was already married. He had also induced her in paying Rs.25,50,000/- by promising that he would get premises of MHADA at reasonable rate. He had also handed over to them fake and fabricated documents of MHADA. Pursuant to the said FIR Crime No.125 of 2016 was registered at Bangur Nagar Police station for ofences under Sections 420, 465, 467, 406 of the IPC. Upon completion of the investigation charge sheet has been fled against the Applicant and CC-2842/PW/2017 is pending on the fle of Metropolitan Magistrate, Borivali.
16. It is thus apparent that the Applicant is involved in several other crimes of similar nature. The ofences registered against the Applicant are of serious nature. The Applicant, with such criminal antecedents, has potentiality of tampering with evidence and not being available for trial.
17. It is also pertinent to note that the FIR lodged by Deepali prima facie indicates that the Applicant was already married to Ashu and later to her. Further by enrolling himself as an elite member of 12/14 Megha 9_ba_167_2019 new.doc Shadi.com, a matrimonial site, he had posed as an eligible bachelor and had proposed to marry the daughter of Pooja, Complainant in FIR No.125 of 2016 registered at Bangur Nagar police station. The material on record prima facie indicates that the Complainant had fallen prey to a well planned scam of the Applicant, a conman whose modus operandi was to lure women, marry them, have sexual relationship with them and then to cheat them. Under the circumstances, the contention of the Applicant that the Complainant is his lawfully wedded wife prima facie appears to be sham and dishonest.
18. The conduct of the Applicant prima facie reveals that he had deceived the Complainant in believing that she was lawfully married to him. Hence, the sexual relationship between the Applicant and the Complainant, which was under misconception or deception, cannot be considered to be consensual and would prima facie attract Section 376 as well as 493 of the IPC.
19. The records also indicate that the Applicant had sought interim bail and fled an afdavit before this Court undertaking to pay Rs.1,20,00,000/- to the Complainant within a period of three months from the date of the order and further agreed to pay Rs.79,00,000/- on 30th day of every month for 14 months. Accepting the undertaking of the Applicant, this Court (Coram: Prakash D. Naik, J.) by order dated 13/14 Megha 9_ba_167_2019 new.doc 14/01/2020 released the Applicant on bail. Time to deposit the money was extended from time to time. The Applicant did not deposit the amount and the undertaking was only for the purpose of coming out of the jail. Considering the conduct of the Applicant, this Court (Coram :
A.S. Gadkari, J.) by order dated 21/12/2020 (passed in Interim Application (stamp) No.3373 of 2020) put the Applicant to notice as to why the interim bail should not be cancelled. The Applicant challenged the said order before the Hon'ble Supreme Court in Special Leave to Appeal (Cri. No.6826 of 2020), which was dismissed by the Hon'ble Supreme Court on 13/01/2021. As a consequence, the Applicant was compelled to surrender. The aforesaid conduct of the Applicant does not justify exercise of discretionary powers in his favour.
20. The nature of the accusations against the Applicant and the material in support thereof as well as the criminal antecedents and the conduct of the Applicant does not justify grant of bail. Under the circumstances, the application is dismissed.
21. It is made clear that the above observations shall not come in the way of a fair trial. The Trial Court shall proceed to decide the matter on its own merits without being prejudiced by any of the observations made hereinabove.
(SMT. ANUJA PRABHUDESSAI, J.) 14/14