VINIT SHASHIKANT GOLANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking his release in anticipation of his arrest in C.R. No. 29 of 2020 registered with Kothrud Police Station on 13th February 2020. It invoke offence punishable under Section 405, 406, 408, 451, 420, 120B read with Section 34 of the IPC and Section 3 of the MPID Act.

(2.) The FIR has been registered in terms of the order passed under Section 156(3) and the relevant offences have been invoked against three accused persons and the applicant is indicted as accused no.3.

(3.) I have heard Mr.Nikam learned counsel for the applicant and Mr.Desai appearing for the complainant who has been permitted to intervene and impleaded as respondent no.2. I have also heard Mr.Gaikwad, learned APP who has placed on record an affidavit of the Sr. P.I attached to Kothrud Police Station sworn on 7th December 2020 justifying the custody of the applicant. Both the parties have placed heavy reliance on an agreement entered inter se on 22nd August 2017. The complainant is referred to as "fygwu ?ks.kkjs" and the applicant along with three other partners of Vinyog Realtors, a registered partner society are the signatories to the said agreement. The agreement, if read carefully reflect that on certain portion of land vide its survey numbers mentioned in the agreement, a project known as Waterfront is being developed by Vinyog Realtors and is in need of an amount of Rs.One crore. The agreement is executed between the parties and the consideration has been fixed as five flats, description of which is contained in column no.2 of the said agreement and the price of the five flats is estimated to be Rs.One crore. Since the complainant expressed his desire to purchase the said flats in consideration of Rs.One crore which he would advance to Vinyog Realtors in terms of the covenants in the agreement. The signatories affix their signature on the said agreement and have stated that they have executed the same at their will and after having an understanding of the terms and conditions inscribed therein and it will bind both the parties.