Ramashish Gopal Gupta And ORS. v. The State Of Maharashtra And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by Shambhavi N. Shivgan Date:
2020.12.17 16:31:22 +0530 CRIMINAL APPELLATE JURISDICTION Shambhavi N. Shivgan ANT. BAIL APPLICATION NO.894 OF 2020 Ramashish Gopal Gupta & Ors.
... Applicants Vs The State of Maharashtra ... Respondents ...
Mr. Karansingh Rajput i/by Mr. Jipnesh N. Jain for the Applicants.
Dr. Abhinav Chandrachood i/by Mr. Sandeep Maurya for Intervenor.
Mrs. Veera Shinde, APP for the Respondent-State. PSI Kunal Kuvewad attached to Uttan Police Station present.
CORAM : SANDEEP K. SHINDE J.
DATE : 14 th DECEMBER, 2020.
P.C. :
Heard learned counsel for applicants, complainant and the learned Additional Public Prosecutor for the State.
Shivgan 1/5
It is alleged that the applicants in prosecution of the common object, intimidated and committed house tress-pass, having made preparations for causing hurt to the complainant. On report, Crime No.347 of 2018 came to be registered on 22nd May, 2018 at Kashimira Police Station at the instance of Vijay Kanhaiyyalal Joshi, a partner of M/s. Aroon Bhumi Corporation. Apprehending the arrest, applicants are seeking pre-arrest bail.
Vinay Joshi (Complainant), partner of M/s. Aroon Bhumi Corporation and the applicants being partners of M/s. Jagruti Developers, had agreed to develop plot of land at Village: Miragaon, District: Thane, as a joint venture project. The subject development agreements entered into between M/s Aroon Bhumi Corporation and Jagruti Developers though initially entered into 2009, were registered on Shivgan 2/5
4th August, 2011. While executing the, joint venture project, diferences arose between the complainant's firm and the applicants. Resultantly, complaints and cross-complaints were filed against each other. On 4th June, 2014. M/s Aroon Bhumi Corporation, terminated development and sub development agreement. Also appears, that Jagruti Developers through its partners had filed complaints on 10th May, 2017, 7th February, 2018 and 10th May, 2018 against the complainant herein and his partners. Besides, civil disputes in relation to the land where development project was on going, proceedings under Section 145 of the Code of Criminal Procedure, 1973 were initiated before the Special Executive Magistrate, Thane in Criminal Case No.145/01/2018. Thus, it appears, allegations of the house tress-pass committed by the applicants is fall out of pending disputes and may be with an intention to oust applicants' firm from the development project. It may also be stated that the ofence under Section 395 Shivgan 3/5
of the Indian Penal Code, 1860 has been added on 16th April, 2019 though the report was filed on 22nd May, 2018.
In consideration of the aforesaid facts, in my view, case is made out for granting pre-arrest bail to the applicants in Crime No.0347 of 2018 registered at Naya Nagar Police Station on the following terms and conditions:
ORDER
in the event of arrest of the applicants in Crime No.0347 of 2018 registered with Naya Nagar Police Station, they shall be released on executing PR bond for the sum of Rs.25,000/- each with one or more sureties in like sum.
They shall report to the Investigating Ofcer as and when called.
They shall furnish their permanent residential addresses and contact numbers to the Investigating Ofcer Shivgan 4/5
forthwith.
The applicants shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case.
Application is, accordingly, allowed and disposed of.
It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings.
(SANDEEP K. SHINDE, J.) Shivgan 5/5