Varun Harish Jashnani v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1103 OF 2020 WITH INTERIM APPLICATION NO. 176 OF 2021 Varun Harish Jashnani ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Niranjan Mundargi a/w. Keral Mehta i/b. Omkar Mulekar for the Applicant.

Mr. Sandeep karnik for the Intervenor.

Mr. S.V.Gavand, APP for the State.

Mr. Sanjay Patil, API, Unit 2, EOW.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 9th JUNE, 2023.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.32 of 2020 registered with EOW, Housing 2, Mumbai for offences punishable under Section 406, 409, 423, 467, 468, 471, 120(B), r/w. 34 of the Indian Penal Code.

2.

Heard learned Counsel for the Applicant, learned Counsel for the Intervenor and learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3.

The prosecution case in short is that the applicant with co-accused had conspired to cheat M/s. Chinmaya Associates and thereby induced the first informant to enter into purchase transaction of land bearing No.19, CTD No.283 Ward No.K, 8185, Survey No.287, Vile Parle, Mumbai. They further represented that the land if developed would fetch huge income. It is alleged that the applicant and the co-accused do not have right to property and were not competent to enter in any transaction in respect of the said property. The applicant and the coaccused are alleged to have induced M/s. Chinmaya Associates to pay Rs.8,27,98,300/- and thereby caused wrongful loss to the informant and other partners and wrongful gain to themselves. Hence, the FIR. 4.

By order dater 23.12.2020, this Court (Coram V.G.Bisht, J.) had granted interim protection to the Applicant. Learned APP states that pursuant to the said order, the Applicant appeared before the Investigating Officer. They have co-operated with the investigation and that the investigation has been completed. Learned APP further states that chargesheet against the co-accused is already filed and the chargesheet against the present Applicant will be filed within three weeks.

5.

In view of the above facts and circumstances, and in view of the interim bail granted by order dated 23.12.2020, interim bail is confirmed.

6.

The Applicant shall report to the Investigating Officer as and when required.

7.

The Applicant shall keep the Investigating Officer informed of his current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time.

. Anticipatory Bail Application, as well as Interim Application stand disposed of.

(ANUJA PRABHUDESSAI, J.)