7crn4333&4334-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4333 OF 2009 Shri Dattaram Kashiram Padad. ..Applicant. Vs. The State of Maharashtra ..Respondent. ALONG WITH CRIMINAL APPLICATION NO.4334 OF 2009 Mrs.Sangeeta@Reshma Rajan Dudhgaonkar. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.K.S. Patil, Advocate for the applicants. Mrs.A.S. Pai, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 17th JUNE, 2010 P.C. 1. Heard rival submissions at length today and also on the earlier dates. Today the matter was fixed for getting instructions from the investigating agency and from the learned A.P.P. as to what is the exact role played by the 7crn4333&4334-09 2 applicant in Criminal Application No.4334 of 2010. 2. Both the present applications are being disposed of by this common order as both the applicants are apprehending their arrest in C.R. No.I-316 of 2009 registered with Panvel City Police Station, District-Raigad for the offence punishable under Section 420 read with Section 34 of Indian Penal Code. 3. The allegations against the applicants are that the applicant in Criminal Application No.4333 of 2009 formed one construction company as the sole proprietor and has started booking of flats to the needy people by saying that he is to construct certain property at taluka - Panvel and collected various amounts from the prospective purchasers of the flats. Allegedly, he had collected around Rs.50 lakhs. However, on some pretext or the other he did not keep his word of completing the construction and giving the flats to the persons who had given some part of the payment for purchase of the flats. 7crn4333&4334-09 3 4. Apparently, a sort of construction was done on the said plot by the applicant in Criminal Application No.4333 of 2009. However, as per the contents of the affidavit filed by the police, such plots were not converted into non- agricultural use and even the permission for construction from local Grampanchayat has not been obtained. On this aspect it is submitted on behalf of the applicants that such permissions are with the applicants and as such there is no illegality to start the construction on the said plots. 5. Apart from the fact that whether or not the construction started on the plot is legal or illegal, the fact remains that there are prima faice allegations against the applicants that they have taken huge amounts totalling to the tune of Rs.50 lakhs and odd and there was no fulfillment of the terms and conditions as to giving the flats to the prospective purchasers. 6. During the arguments, the learned A.P.P. for the State submitted that apparently considering the allegations mainly 7crn4333&4334-09 4 against the applicant in Criminal Application No.4333 of 2009, there may not be that substantial role played by his sister i.e. applicant in Criminal Application No.4334 of 2009. However, she further submitted that it is left with this Court to deal with her application appropriately. 7. Considering the allegations and considering the actions on the part of the applicant in Criminal Application No.4333 of 2009 as to evading the responsibility taken by him though accepting the part payments from the prospective purchasers, in the opinion of this Court, it would not be in the fitness of the situation to grant any relief by way of anticipatory bail to him. However, considering the case as against his sister i.e. applicant in Criminal Application No. 4334 of 2009, she can be granted such relief till filing of the chargesheet. 8. Under these circumstances, Criminal Applications are disposed of with following order : 7crn4333&4334-09 5 :: O R D E R :: [i] Criminal Application No.4333 of 2009 stands dismissed. Interim protection granted in favour of the said applicant, if any, shall stand vacated. [ii] So far as Criminal Application No.4334 of 2009 for anticipatory bail is concerned, it is allowed. [iii] In the event of arrest of the applicant in Criminal Application No.4334 of 2009 i.e. Mrs.Sangeeta@Reshma Rajan Dudhgaonkar in C.R. No.I-316 of 2009 of Panvel City Police Station, District - Raigad, she shall be released on bail on her executing a P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand Only) with one surety for the like amount. [iv] Anticipatory bail, as above, shall continue till filing of the chargesheet in the present matter and thereafter she is to apply for regular bail before the concerned Court. 7crn4333&4334-09 6 [v] In the event of arrest and availing of bail, as above, the applicant - Mrs.Sangeeta@Reshma Rajan Dudhgaonkar, in Criminal Application No.4334 of 2009, shall attend the concerned police station on every Monday and Friday between 10:00 a.m. to 12:00 noon till completion of the investigation. (A.R.JOSHI,J.)