PARAS TARACHAND JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) These applications for pre-arrest bail are in connection with C.R.No.889 of 2022 registered with Dindoshi Police Station for the offences punishable under Sec. 420, 465, 467, 406 read with Sec. 34 of the Indian Penal Code and Ss. 13 and 14 of the Maharashtra Ownership of Flats (Regulation of the promotion of construction, Sale, Management and Transfer) Act, 1963.

(3.) The first informant, his father Shantilal and mother Jayaben had purchased rooms in Munira Manzil, Daftary Road, Malad (East), Mumbai, from their respective vendors. In November 2009, the original owner sold the premises to M/s. Navkar Leasing and Infrastructure, of which Mr. Paras Jain - Applicant in ABA 2515 of 2023 and Mr. Jaresh Jain @ Parmar - Applicant in ABA 2517 of 2023 were the partners. Mr. Paras Jain and Naresh Jain introduced Mr. Ashish Mehta, Applicant in ABA 2725 of 2023, and Mr. Pranav Mehta, Applicant in ABA 2562 of 2023 as the partners of M/s. Navkar Leasing and Infrastructure. The firm was renamed as M/s. Nine Globe Builders. In lieu of Room Nos.2, 5 and 6 which the first informant, his father and mother were in occupation, the applicants/accused agreed to provide Flat Nos.401, 504 and 404 by executing registered agreements, by 31/8/2015. The first informant and his parents delivered the possession of room Nos.2, 5 and 6 to the applicants on 10/2/2012. The first informant alleged, since the year 2015, the applicants stopped paying the transit rent. Nor possession of the flats was delivered, as promised. Enquires revealed that M/s. Nine Globe Builders had sold the said flats to third parties. Upon being confronted, Mr. Ashish Mehta gave a confirmation letter on 10/8/2018 that Flat Nos.401, 404 and 504 were not sold to third party.