SAMEER RAVINDRA JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with CR. No.704 of 2022, for offences punishable under Sec. 420 read with 34 of the Indian Penal Code, 1860. The applicant is seeking relief of pre- arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the informant, he is owner to the 13 R out of Gat No.38 of 2022, a joint venture agreement between informant and the applicant was entered into. For consideration of transfer of informant's right for development, applicants agreed to transfer 7475 sq.ft. constructed area, or amount equivalent to the said area at the rate of Rs.3000.00 per sq.ft. According to informant, the flats C-1003 and C-1103 were transferred to the informant by registered deed of confirmation executed on 25 th October 2018. However, flat No. C-1103 was sold in favour of third party by the applicant on 18/9/2020, which resulted into filing of report against the applicant.

(3.) The applicant filed application under Sec. 438 of the Code of Criminal Procedure, 1973, which came to be rejected by order dtd. 23/3/2023.