Bombay HC rejects anticipatory bail plea of 2 builders booked for cheating

The interim protection given to the two accused by the HC will continue till four weeks so they can approach the apex court.

The Bombay High Court (HC) recently passed an order rejecting the anticipatory bail applications of two builders in four FIRs registered against them by flat buyers in Palghar in 2019 for allegedly accepting approximately Rs 34 lakh from them between 2012-14 and failing to give possession of the flats within the stipulated time period.

The interim protection given to the two accused by the HC will continue till four weeks so they can approach the apex court.

Based on the Palghar magistrate court’s order, four FIRs were registered against the two accused, Sumeet Jain and Ramesh Mehta, along with several others at Palghar police station on January 23, 2019. The FIR was registered for cheating and forgery under IPC, Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act and Maharashtra Protection of Interest of Depositors Act.

According to the complainants, the accused had launched a project named “Poonam Park” in 2012 and invited buyers to purchase the flats at a lumpsum amount, and on payment of that amount had given flat buyers an allotment letter with a promise to give possession within 24 months from the date of payment of the amount. The buyers paid the money between 2012 and 2014 and were given an allotment letter mentioning the receipt of the amount and details of the flat allotted. Till date they have not received possession of the flats.

Investigations are being carried out by the Economic Offences Wing (EOW) of Palghar police. An EOW official said, “After registering the four FIRs, during investigation, 67 more victims who invested money in their project have come forward claiming they have been duped similarly, and the total duped amount is now in crores of rupees.”

“They had approached the sessions court and their ABA was rejected. Then they approached the High Court and got interim relief from arrest on April 23, 2019, till December 17 last year, and the relief was extended till August 31. After the HC rejected their bail plea, they have approached the Supreme Court. We will be appealing against their bail plea,” said advocate Mahesh Rajpopat, lawyer of the complainants.

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