MURTUZA YUSUF ELECTRICWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under Section 438 of the Code of Criminal Procedure for pre-arrest bail in C.R. No. 63 of 2018 dated 12.03.2018 registered with Byculla Police Station, Mumbai under Sections 420 r/w. 34 of the Indian Penal Code.

(2.) Heard the learned counsel for the applicant and the learned APP for the State. Perused the record of investigation.

(3.) It is stated that the applicant along with other accused persons formed a trust by name "Jagrut Samaj Ekta Foundation Trust". It was thereafter advertised in the year 2011 that, the applicant/accused is promoting a housing project at Boisar (East) by name 'Mohammedi Colony Project' at Boisar (East) for the needy people of Bohari Muslim community. The first informant made a payment of Rs.2, 93, 000/-to the applicant from time to time and last such payment was made in the year 201 As the applicant failed to deliver possession of the agreed flat within stipulated period, the first informant approached the applicant for return of money. The applicant on some or the other pretext avoided to make repayment of the said amount. The applicant neither gave possession of the flat nor returned the amount till 12.02018. The first informant therefore realized that he has been cheated by the applicant. It also came to the knowledge of the first informant that there are about 13 such other persons, whose names are given in the First Information Report.