SUMIT J. JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned APP for the State.

(2.) Apprehending arrest in connection with Crime No.28/2019, 29/2019 dated 23.1.2019, registered with Palghar Police Station, District-Thane for the offences punishable under Sections 420, 120-B read with Section 34 of the Indian Penal Code and under Sections 3, 4 and 8 of the Maharashtra Ownership of Flats Act ("MOFA Act" for short) and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments), Act, 1999 ("MPID Act" for short), applicants are seeking pre- arrest bail. These applications were heard on 23.4.2019. Paras-2 and 3 of the order reads as under :

(3.) Thus, interim pre-arrest protection was granted to the applicants on assurance (i)that if informants are willing to accepts the flats, the applicants would accommodate them in the same building and (ii) if the informants are not willing to accept the flats, the applicants were ready and willing to return the amount mentioned in para-2 to the applicants. Thereafter, applications were listed for hearing on 18.6.2019, 21.6.2019, 5.07.2019, 12.7.2019, 27.09.2019, 4.10.2019, 11.11.2019, 18.12.2019, 28.1.2020 and 11.2.2020. I have perused these orders. What appears from these orders is that, on all these dates, no submissions were advanced by the applicants or any document has been placed on record which would suggest, that the applicants have complied with the assurance, relying on which they were granted pre- arrest protection by this Court. Be that as it may, till date, neither flats are handed over, nor the amount was returned to them.