SHARDA MAHESH ALIMCHANDANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is arraigned as accused No.6 in C.R.No.435 of 2020 registered at Lonavala City Police Station, Pune Rural. M.M.Salgaonkar The said C.R. invoke Sections 406, 420, 423, 467, 468, 471, 120-B read with 34 of IPC . The learned Additional Sessions Judge, Pune has rejected her application for anticipatory bail.

(2.) The learned counsel Mr.Niteen Pradhan representing the applicant would submit that she has been arraigned as an accused merely on an erroneous presumption of her involvement. She is the wife of Mahesh Alimchandani, who is also arraigned as accused No.2 in the said C.R. According to the learned counsel Mr.Pradhan, applicant is the estranged wife, residing separately from Mahesh Alimchandani. The applicant claim that she is not in knowhow of the business transaction of her husband and has always remained away from it. The learned counsel would, therefore, pray that in absence of any material pointing out any accusation against the applicant, she is entitled for the protection, in the event of her arrest.

(3.) For consideration of the said submissions, the prosecution case require a brief mention. The complaint was lodged by one Vinay Tarachand Chawla with Lonavla Police Station. It revolves around Survey No.98, area 14.5 acres situated in Taluka Maval, Lonavla, District Pune. The crux of the complaint is to the following effect. The complainant is a resident of Mumbai and he along with his father had formed two firms in the name of Chinmay Associate and Chinmay Estate. The said firms deal with the sale M.M.Salgaonkar and purchase of land. His father Tarachand Chawla is a partner in Chinmay Estate along with one Gautam T Jasnani, son of the complainant's sister. The sister of the complainant is one Kanchan Tulsi Jasnani and her husband is Tulsi Parmanand Jasnani (accused No.1) against whom various allegations have been levelled. In September 2013, Tulsi Parmanand Jasnani approached the complainant's father in respect of a piece of land situate in Mauje, Pune nama, Lonavla, Taluka Maval, district Pune with description of Survey No.98, admeasuring 14.5 acres. He putforth a proposal for purchase of the said agricultural land and for its development. It was informed by him that one Smt Babhabhai Landge, Nirmala Machindra Tavare, Ranjana Ramesh Sathe are the owners of the said agricultural land and one Kishore G Lalwani (accused No.3) and Kishor Mandyani (accused No.5) are in possession of the said land. Ram Awasthi and Sharada Mahesh Alimchandani (accused No.6) were stated to be the agricultural tenants in the said property. The complainant and his father were informed that on 23 rd February 2013, Kishor Lalwani and Kishor Mandyani had entered into a Memorandum of Understanding with the three original owners for consideration of Rs.Two Crores and it was a notarized document in which Ram Awassthi and Sharda were shown as agricultural tenants. It is alleged by the complainant that Tulsi Jasnani informed his father that he had fixed a deal with Kishor Lalwani and Kishor Madiani for Rs.27 crores. He also informed M.M.Salgaonkar that Kishor Lalwani and Kishor Madyani would help them in clearing the impediments for conversion of the land for non- agricultural purpose and for completing the transaction. The father of the complainant was assured that they are acquiring the land at a very cheap rate and when developed, it would yield huge returns. The assurance given was subject to stipulation that certain amount would be required to be shelled out and paid to the original owners as well as the tenants, who would in turn relinquish their rights in the subject property.