BASANTKUMAR KAPOORCHAND JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this anticipatory bail application, the applicant is seeking his release, in the event of his arrest, in C.R. No.14 of 2019 registered with Nigdi Police Station on 4/01/2019 thereby invoking offences punishable under Sections 406, 420, 467, 468 and 506 of the IPC. The said offence is registered at the instance of the informant Mahesh Kartar Bijlani, who has filed an application for intervention along with the necessary documents on record.

(2.) Heard Mr. Mundargi, learned counsel for the applicant and Mr. Bhavake, learned counsel for the intervenor and Mr. Yadav, learned A.P.P. for the State.

(3.) The FIR, which is lodged on 04/01/2019, relates back to the events commencing from the year 1986 and it makes a reference to a transaction entered into between the uncle of the complainant Kanhaiyalal Bijlani, who came in contact with the applicant Basantkumar Jain, who is alleged to have established a housing society styled as Telco Kapoor Sahakari Gruharachana Sanstha by obtaining lease of 1 hectare of land from Sector 24 of Nigdi Municipal Corporation for a period of 99 years. The said parcel of land was divided into plots and made available for sale. This prompted the uncle of the applicant to invest into a plot by depositing the membership fees on 18/02/1986 and on 06/08/1990, it is alleged that an amount of Rs.3 lakhs was deposited with the Chairman/Secretary of the said Society i.e. the present applicant in lieu of sale of plot No.43. However, the allegation is that Kanhaiyalal repeatedly asked for handing over of the possession of the said plot, but it was evaded and Kanhaiyalal passed away in the year, 1994 and the present complainant along with his brother Dhiraj claimed to be his only legal heirs. The allegation is that they persuaded the Chairman of the Society to make over plot No.43, but again it was avoided.