Madhya Pradesh High Court
Rajendra Mirashie vs The State Of Madhya Pradesh on 25 October, 2021
Author: Arun Kumar Sharma
Bench: Arun Kumar Sharma
1 MCRC-45276-2021
The High Court Of Madhya Pradesh
MCRC-45276-2021
(RAJENDRA MIRASHIE Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 25-10-2021
Heard through Video Conferencing.
Shri Vivek K. Tankha, learned Senior Advocate along with Shri
Shivendra Pandey and Shri Yagyavalk, Advocates for the petitioner.
Shri Deepak Bhatiya, Dy. Government Advocate for the respondent /
State.
Heard and perused the case diary.
This is FIRST application filed by the applicant / accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No.08/2021 registered at Police Station Misrod Bhopal, District Bhopal (M.P.) for the offences punishable under sections 420, 467, 468, 471, 406, 120-B & 34 of IPC.
The prosecution story, in short, is that five persons made a written complaint to the police. The complaint which was translated into an FIR bearing crime No. 08/2021 reveals that the said five complainants are joint owners of 23.07 hectares of land, in regard to which a joint venture agreement was entered into with Chinar Reality Pvt. Ltd. on 07.07.2009 followed by a correction agreement, entered into on 28.07.2017 with the object of Chinar Reality Pvt. Ltd. developing multi-storey residential colony on the said land. The complaint further reveals that Chinar Reality Pvt. Ltd. initially obtained project loan from DHFL of Rs.44 crores which was later enhanced to Rs. 63 crores. To secure the said loan, the said land of complainants was mortgaged. However, the grievance of complainants is that the said loan amount received by Chinar Reality Pvt. Ltd. was misappropriated and not used for the purpose for which it was taken i.e. construction of said multi- storey residential colony. The complaint/FIR further alleges that complainants later came to know that Chinar Reality Pvt. Ltd. had surreptitiously, without 2 MCRC-45276-2021 taking into confidence the complainants, increased the loan borrowed to Rs.100 crores. The complaint/FIR further alleged that out of 478 flats promised to be constructed latest by 2014 only 77 flats were constructed that too in incomplete state. It was further alleged that Chinar Reality Pvt. Ltd. are pressurizing complainants / owners to execute sale-deed knowing very well that Chinar Reality Pvt. Ltd. have no title over the land in question. It was lastly alleged that by exercise of forgery initial loan amount of Rs.44 crores was unilaterally enhanced to Rs.100 crores thereby increasing the charge over the property belonging to the complainants and during this process misappropriating the loan amount for unlawful purposes by failing to utilize the same in construction of multi-storey residential colony as agreed to by the Chinar Reality Pvt. Ltd. It is also alleged that these unlawful actions of the Chinar Reality Pvt. Ltd. caused financial loss to the complainants, by exercise of cheating and forgery.
Learned counsel for the petitioner submits that the petitioner is a highly qualified professional and is serving as a President / Banker at DHFL and luminaries and eminent personalty in the professional circle. Further submitted that no criminal history is legging behind him. It is also submitted that there is already a civil suit pending between the rival parties before filing the present complaint and the complainants are attempting to give criminal colour to an issue which predominantly is civil in nature. No specific allegation has been levelled against the petitioner and only causal and unsubstantiated aspersions have been cast on the petitioner without any material to suggest that any indictable offence has been committed by the petitioner. The petitioner was only acting as the financial lender to the accused persons of Chinar Reality Pvt. Ltd. to facilitate the agreement executed between the complainants and Chinar Reality Pvt. Ltd. There is a considerable delay in lodging of the FIR. Further submitted that co-accused Gopichandani has been granted benefit of anticipatory bail vide order dated 13.05.2021 passed in M.Cr.C.No.2700/2021 and another co-accused Sunil 3 MCRC-45276-2021 Moolchandani has been granted the benefit of regular bail vide order dated 13.08.2021 passed in M.Cr.C.No.36299/2021. Hence, prayer is made to allow the application.
Learned counsel for the State opposed the application stating that the petitioner is the principal accused and master mind of the case and has committed a huge amount of frauds and defrauded the complainant in crores of rupees and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
After hearing learned counsel for the rival parties, this Court is of the considered view that prima facie there is sufficient evidence and material available against the petitioner connecting him with the alleged offence. Further, looking to the role attributed to the present petitioner who appears to be the main culprit, he is not entitled to get the benefit of anticipatory bail. Hence, the application is hereby DISMISSED.
(ARUN KUMAR SHARMA) JUDGE JP Signature Not Verified SAN Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.10.25 17:55:09 IST