GAUTAM SHRIRANG SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No.131/16 registered with Bhosari Police Station, Pune, under sections 409 , 420 , 109 of the Indian Penal Code.

(2.) The FIR is a result of the order passed by the J.M.F.C. Khadki under section 156(3) of Cr.P.C. The complaint was lodged before that Court by one Surjit Kumar Nafari, the Nesarikar Chairman of Ordnance Factories Officers Group Co-op Hsg. Soc. Ltd. It is mentioned in the complaint that the complainant was a registered Co-operative society of the members of Arm Forces, whose officers came in contact with the present Applicant who represented to the complainant that the lands situated at village Ambadvet, Taluka Mulshi, District Pune, bearing survey No.82/1 and 83 were available for sale. It is the specific case of the complainant that the Applicant made a representation that the land owners were his relatives and he was in a position to procure all these lands for the complainant. He told the complainant to appoint him as legal representative to complete the transaction of purchase of lands. Accordingly, on MOU was entered into between the complainant and the Applicant. Though, the complaint mentions the date of such MOU as 15/09/2017, a copy of the MOU annexed to this Application mentions that it was executed in October 2017. The complainant society paid more than Rs.8 Crores to the Applicant. It was mentioned in the MOU that they were Watan lands it was necessary to pay requisite Najrana and get clearance certificate from the Government. The complaint further mentions that out of Rs.8 Crores, only Rs.3 Crores were distributed amongst the land owners. Rs.5 Crores were used by the Applicant for his own benefit. He had not even paid the Najrana as promised. At his instance some of the land owners had encroached upon the land for which they had already accepted the sale price. On these allegations, the complaint was filed.

(3.) Heard learned Counsel Mr.Kuldeep Nikam for the Applicant and learned APP Ms.S.S. Kaushik for the State.