CRIAPPLN3315-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL APPLICATION NO.3315 OF 2010 Hemant Digambar Mulay .. Applicant Versus State of Maharashtra & Ors. .. Respondents Mr.Ravindra Sawant for applicant Mr.Vasant Prabhu for respondent No.2 Mrs.A.A.Mane, APP for State Mr.Madhukar Tupare, I.O. - P.I. CORAM : S.C.DHARMADHIKARI, J. DATE : 11th October 2010. P.C.: 1] This criminal application is placed before me for bail. I had passed a detailed order on 15th September 2010 after which an affidavit has been filed by the applicant which affidavit has been placed on record. 2] After this affidavit was filed, the matter was placed before me on 30th September 2010. In para 2 of my order passed on 30th CRIAPPLN3315-10 2 September 2010, I had recorded a statement that a Demand Draft of Rs.8 lakhs has been arranged and that the DD is now deposited in the competent court viz., 19th Court Esplanade, Mumbai where the applicant is facing trial. 3] Further, the applicant has given an undertaking to this Court on affidavit that he will pay the balance sum of Rs.45.75 lakhs within six months from 25th September 2010. 4] On the last occasion the matter was adjourned as a doubt was expressed as to whether the petitioner actually resides at the address mentioned and whether he has any documents to prove the claim of physical possession under the leave and licence agreement in respect of the premises, between the applicant and Mrs.Sushma Nachre, owner of immovable property. 5] It was stated that the applicant is residing along with his family inFlat No.T/9/3, Gulmohar Cooperative Housing Society, Shiv CRIAPPLN3315-10 3 Valabhy Road, Ashokvan, Borivali (East), Mumbai. He is residing in this flat on leave and licence basis, according to the applicant. On a query from the Court, on the earlier date the applicant's family members who were present in court, failed to produce any documents evidencing physical possession and occupation of these premises. 6] The matter was adjourned till today so as to enable them to satisfy the Investigating Officer with regard to the permanent residence of the applicant. 7] Today before me, the I.O. is present and he has produced a letter addressed by him to the Public Prosecutor, High Court, Bombay wherein he has stated that he has recorded a statement of the wife of the applicant Mrs.Sheela Hemant Mulay and she has stated that the petitioner has been residing at the said address from 12th January 2005 till date. 8] The I.O. has, thereafter, approached the Cooperative Housing CRIAPPLN3315-10 4 Society in which this flat is situated and the Cooperative Housing Society through its Secretary has confirmed that the flat belongs to Mrs.Sushma VijayNachre and the applicant is residing in the said flat as her licensee under a subsisting leave and licence agreement. The society has confirmed in writing to the I.O. that the applicant is residing in this flat. I have perused the letter dated 1st October 2010. Further I am also shown the statement of the wife of the applicant, Mrs.Sheela Hemant Mulay who has stated that she has been residing along with the applicant and her son and daughter therein. 9] Further, I am also shown a statement of Mrs.Sushma Vijay Nachre aged 68 years who has stated that flat has been given on leave and licence basis to the applicant and Rs.10,000/- per month is the licence fees. The statement is recorded and below the same there is thumb impression of Mrs.Sushma Nachare. I am also shown photo copy of the pass book of the Bank of Maharashtra, Ashok Van branch, Borivali which shows that the applicant's address in the said bank account is that of the aforementioned premises. The applicant has CRIAPPLN3315-10 5 also been issued pancard. 10] Photocopies of the leave and licence agreement are also produced together with photocopies of the documents under which the landlord has purchased these premises. 11] On the basis of this material, I am satisfied that the applicant is residing in the said premises. Applicant's wife and daughter are present in court. They confirm each of the statements made by the applicant so also as recorded by the I.O. 12] This Court records with some anguish and pain that this exercise had to be undertaken because on the last occasion it was pointed out to me that the applicant had jumped the bail and has misused the liberty granted by this Court by not remaining present in the criminal case which is proceeding against him. In such circumstances, complainant had moved the State machinery but there was delay in moving for cancellation of applicant's bail. Thereafter, CRIAPPLN3315-10 6 the bail came to be cancelled and later on applicant's application for bail was dismissed by the Magistrate so also by the Sessions Court. In such circumstances, this application has been placed before me. 13] I have perused the application and the affidavit bearing in mind that the applicant is unwell and has sought liberty once again to show his bonafides by repaying all the investors and those who have evinced interest and took flats in applicant's project, by repaying their monies in a time frame which is stipulated in his affidavit, that I am inclined to enlarge the applicant on bail, but with strict conditions. Accordingly, following order:- (a) The applicant Hemant Digambar Mulay is enlarged on bail in the sum of Rs.50,000/- with one or two sureties in the like amount; (b) The applicant shall report to Borivali Police Station once a week between 10 a.m. and 12 noon on every Wednesday and to I.O. CRIAPPLN3315-10 7 (EOW), GBCB, Mumbai on every Friday between 10 a.m. and 12 noon. (c) The applicant will not leave Mumbai without prior permission of the Criminal court in which he is facing trial; (d) Applicant shall regularly attend the criminal case and his absence on any date without proof or satisfaction of the Court shall result in the Magistrate issuing non bailable warrant against him to procure his arrest; (e) All deposits made in the Criminal court shall abide by the further orders of the criminal court in the criminal case. Application disposed of. All concerned to act on an authenticated copy of this order. (S.C.DHARMADHIKARI, J)