IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. OF 2018
DIST: THANE
Mr. JigneshMaganlalGada … Applicant
Versus
The State of Maharashtra ... Respondent
INDEX
Sr. Particulars Page Nos.
Nos.
1. Synopsis

2. Memo of Criminal Bail Application

3. EXHIBIT – A

Copy of the FIR No. I-92 of 2018 dated

23/02/2018.

4. EXHIBIT – B

Copy of the order dared 13/02/2018

passed in Criminal Application No.

1480/2018, 1481/2018 and

1482/2018 by this Hon’ble Court.

5. EXHBITI – C

Copy of the said Charge Sheet.

6. EXHIBIT – D

Copy of the bail application, say filed by

the prosecution and order dated

11/05/2018 passed by the Ld. JMFC

Bhiwandi.
7. EXHIBIT – E

Copy of the bail application, say filed by

the prosecution and order dated

31/07/2018 passed by the Ld. Sessions

Judge Thane at Thane.

8. Vakaltnama

Last Page

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION
 CRIMINAL BAIL APPLICATION NO. OF 2018
DIST: THANE
Mr. JigneshMaganlalGada … Applicant
Versus
The State of Maharashtra ... Respondent
SYNOPSIS

Date Events

The Applicant is a Civil Contractor by

profession. The Applicant is the proprietor of

JaibhavaniArchid Infra LLP. The Applicant is

the original Accused No. 2 in C.R. No. I-92 of

2018 dated 23/02/2018 registered with the

Narpoli Police Station, Bhiwandi, Dist. Thane

by one Mr. Mahesh DagduChudhari, Mandal

Officer, Kharbanv (“Complainant”) for the

offences punishable under sections 420, 406,

465, 467, 468, 471 read with 34 of the Indian

Penal Code and 48 (7) (8) of the Maharashtra

Land Revenue Code. There are two Accused

persons. The Accused No. 1 is yet to be

arrested. The present Applicant is arrested on

02/03/2018 in the present crime.

It is alleged that the Applicant without having

necessary permission for development

constructed two buildings on Survey No.

114 /Part Kalher Village. It is alleged that the

 Applicant sold flats to the proposed buyers

and executed registered agreements. It is

alleged that NA Order and Commencement

Certificate is forged.

The crime is registered and the Applicant is

arrested. The Charge sheet is filed.

11/05/2018 After charge sheet the Ld. JMFC Bhiwandi and

And Ld. Addl. Sessions Judge Thane at Thane

31/07/2018 rejected bail application of the Applicant.

Hence the Applicant filed present application

for bail.

ACTS TO BE 1. Indian Penal Code.

RELIED 2. Criminal Procedure Code.
UPON: 3. Indian Evidence Act.
4. The Maharashtra Revenue Code,
1966

AUTHORITIES At the time of the hearing of the

TO BE CITED: Criminal Application.
POINTS TO As stated in the grounds of the

BE URGED: present Criminal Application.

Place: - Mumbai

Dated: - 28/08/2018 Advocate for the Applicant

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. OF 2018

DIST: THANE
Application under section 439of Cr.P.C.

for bail in connection with C.R.No. I-92 of

2018 registered with the Narpoli Police

Station for offences under sections 420,

406, 465, 467, 468, 471 read with 34 of

Indian Penal Code and 48 (7) (8) the

Maharashtra Land Revenue Code, 1966.

Mr.JigneshMaganlalGada )

Age –32 years, Occupation – Business )

Residing at Room No. 5, 1st Floor, )

Santoshi Building, Kumbhar Ali, )

Station Road, Kalwa, Dist. Thane )

(Presently in Taloja Central Prison, Thane) … Applicant

(Org. Accused No. 1)

Versus

The State of Maharashtra )

(At the instance of Sr. P.I. Narpoli Police )

Station, Bhiwandi, District – Thane )... Respondent

TO

THE HON'BLE CHIEF JUSTICE AND

THE HON'BLE PUISNE JUDGES OF

THIS HON'BLE HIGH COURT OF

JUDICATURE AT BOMBAY

THE HUMBLE APPLICATION OF

THE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. The Applicant is a citizen of India and has

permanent place of residence at the address stated

in the cause title above.The Applicant is Civil

Contractor by profession. The Applicant is the

proprietor of JaibhavaniArchid Infra LLP. The

Applicant is the original Accused No. 2 in C.R. No. I-

92 of 2018 dated 23/02/2018registered with the

Narpoli Police Station,Bhiwandi, Dist. Thane by one

Mr. Mahesh DagduChudhari, Circle Officer,

Kharbanv(“Complainant”) for the offences

punishable under sections420, 406, 465, 467, 468,

471read with 34 of the Indian Penal Code and 48 (7)

(8) of the Maharashtra Land Revenue Code. There

are two Accused persons. The Accused No. 2 is yet

 to be arrested. The present Applicant is arrested on

02/03/2018 in the present crime.

2. The Prosecution story as alleged and few facts

leading to filing of this Application is stated as

under:-

i. It is alleged that theComplainant is working as

Circle Officer since 2014 for the area of

Kharbav Revenue Mandal including Kalher,

Kharbav, Karivli, Khoni, Junandurki and

Chimbipada Villages. It is alleged that it is the

duty and authority of the Complainant to

inspect and take action on the illegal

construction, illegal cutting of mangroves,

encroachment and construction on mangroves

land and illegal excavation and piling.

ii. It is alleged that the Complainant received

various complaints in respect of construction

going on at the Village Kalher-Kasheli,

therefore on 12/02/2018 the Complainant

inspected ongoing construction site on Survey

No. 114/Part, Hissa No. 0, situated at Kalher

Village. During enquiry the Complainant found

NA order bearing No.

 MAHASUL/K-1/TE-3/NAP/SA. 21/2010 and

44/2010 dated 12/08/2010 issued by the

Collector of Thane at Thane.

iii. It is alleged that the Complainant addressed

letter to the office of the Collector Thane at

Thane and enquired with it in respect of the

aforesaid NA Order dated 12/08/2010 issued

by the said office. It is alleged that the office of

the Collector Thane at Thane replied that the

said NA order was issued to some other person

and not issued in respect of the Survey No.

114, Hiss No. 0 Kalher Village.

iv. It is alleged that the said NA order dated

12/08/2010 is forged and fabricated. It is

alleged that the Accused No. 1 GopalMukadam

given land for development to

JaibhavaniArchid Infra LLP through

JigneshGada i.e. present Applicant. It is

alleged that the present Applicant on the basis

of said forged NA Order dated 12/08/2010

constructed two buildings and further

executed Sale Agreement with proposed

buyers.
 v. It is alleged that without any permission under

section 48 of the Maharashtra Revenue Code

the accused excavated and constructed

building. Therefore the complainant registered

office against the Accused persons.

3. The F.I.R. No. I-92 of 2018 dated 23/02/2018

registered with the Narpoli Police Station, Bhiwandi,

Dist. Thane by the Complainant for the offences

punishable under sections 420, 406, 465, 467, 468,

471 read with 34 of the Indian Penal Code and 48

(7) (8) of the Maharashtra Land Revenue Code.

Hereto annexed and marked as ‘EXHIBIT - A’ is a

copy of the said FIR No. I-92 of 2018 dated

23/02/2018.

4. The true and correct facts are as follows:-

i. The Applicantis Civil Contractor by profession.

The Applicant is the proprietor of

JaibhavaniArchid Infra LLP. In the year 2016

the Accused No. 1 GopalLakduMukadum and

his four sons approached to the Applicant for

the construction of two buildings at survey No.

114/Part, Hiss No. 0 situated at Kalher Village.

The said land owners i.eMukadam family

 canvased all the necessary permissionsfor

development of the said property are obtained

by them from the concerned authorities i.e. NA

order, Commencement Certificate, and Plan.

Therefore believing their words and documents

the Applicant executed Registered Joint

Venture/Development Agreement for Land

dated 27/012/2016 with GpoalMukadam,

Vijay Mukadam, VinodMukadam,

VikasMukadam and Vishal Mukadamand got

registered the same with office of Sub registrar

Bhiwandi – 3, document No. BVD-3- 6111 of

2016.

ii. Mukadam’sfamily plotted Survey No. 114/Part,

Hiss No. 0 situated at KalherVillage in sub-

plots and the said sub-plots given for

development to various contactors/builders.

The said Mukadam family also provided the NA

order, CC and Plan to the developers. The

various developers/builders/contractors

constructed total 90 buildings over the said

plots of land and the entire 90 buildings are

standing under the name of ‘Maitri

Park/MaitriVatika’. The Applicant constructed

 only two buildings out of the said 90 buildings.

It is alleged that the entire buildings are

constructed without taking necessary legal

permissions from the concerned authorities.

Therefore the Complainant registered 19

crimes against the various

developers/builders/contractors including

Mukadam family. The son of GopalMukadam

i.e. Vinod and Sagar arrested by the

prosecution in connection with the aforesaid

crime. This Hon’ble Court granted bail to the

said two persons namely Vinod and Sagar vide

its order dared 13/02/2018 passed in

Criminal Application No. 1480/2018,

1481/2018 and 1482/2018. Hereto annexed

and marked as ‘EXHIBIT – B’ is a copy of the

said order dared 13/02/2018 passed in

Criminal Application No. 1480/2018,

1481/2018 and 1482/2018 by this Hon’ble

Court.

iii. The Applicant states that the Applicant has

not prepared and used any forged and

fabricated document as alleged by the

prosecution. The Applicant executed Joint

 Venture/Development Agreement for Land

dated 27/12/2016with Mukadam family and

in pursuance to the said agreement and

documents provided by Mukadam family, the

Applicant constructed the said two buildings.

In fact in the present crime the Applicant is

the real victim as the Applicant has invested

huge amount for construction of said two

buildings and also is suffering in crime

prosecution without any fault on part of him.

The Applicant states that when the Applicant

got information in respect of the said alleged

forgery the Applicant issued legal notice dated

24/02/2018 to Mukadam family and also

addressed complaint dated 24/02/2018 to the

Narpoli Police Station.

5. On 02/03/2018 the Applicant was arrested. The

Applicant was produced before the JMFC,

Bhiwandi. The JMFC, Bhiwandi, granted police

custody and thereafter Judicial Custody. Now the

present Applicant is in judicial custody. The

investigation is completed and charge sheet is filed.

Hereto annexed and marked as ‘EXHBITI – C’ is

copy of the said Charge Sheet.

6. The Applicant filed bail application below Exh. No.

5/D in RCCNo. 537/2018 before the Ld. JMFC

Bhiwandi. The prosecution filed say. On

11/05/2018 the said bail application came to be

rejected by the Ld. JMFC Bhiwandi. Hereto annexed

and marked as ‘EXHIBIT – D’ is a copy of the said

bail application, say filed by the prosecution and

order dated 11/05/2018 passed by the Ld. JMFC

Bhiwandi.

7. Subsequently the Applicant filed bail application

No.1636 of 2018 before the Ld. Sessions Judge

Thane at Thane. The prosecution filed say. On

31/07/2018 the said bail application came to be

rejected by the Ld. Sessions Judge, Thane at Thane.

Hereto annexed and marked as ‘EXHIBIT – E’ is a

copy of the said bail application, say filed by the

prosecution and order dated 31/07/2018 passed by

the Ld. Sessions Judge Thane at Thane.

8. Being aggrieved by the aforesaid orders dated

11/05/2018 and 31/07/2018, passed by Ld. JMFC

Bhiwandi and Ld. Sessions Judge Thane at Thane

respectively the Applicant is approaching this

Hon'ble Court, under Section 439Cr.P.C. for Bail on

 the following amongst other grounds, which are

without prejudice to each other:

GROUNDS

a) The Applicant is innocent and has been falsely

implicated in the present case. The Applicant has

not committed any offence as alleged.

b) That there are no criminal antecedents against the

present Applicant.

c) That there is no recovery at the instance of the

present Applicant. That in the present crime no role

is attributed to the Applicant in commission of the

said alleged crime. There is no recovery of the said

alleged forged and fabricated NA order dated

12/08/2010 at the instance of the present

applicant. Whatever documents and permissions

needed for the development are provided by the land

owners i.e. Mukadam family. The Applicant states

that the said fact is mentioned in the registered

Joint Venture/Development Agreement for Land

dated 27/12/2016. Therefore the allegations in

respect of the forgery are not attributed against the

present Applicant. It is pertinent to note that the

 alleged documentsare never used by the present

Applicant.

d) That the Accused No.2 GopalMukadam filed

application for retention under the provision of the

Maharashtra Regional and Town Planning Act, 1966

before MAHADA in respect of the said property and

as per the provisions of the said Act, the person who

filed retention application before the authority is

responsible for the same.

e) That it is alleged by prosecution that the said NA

order is prepared by the land owners in collusion

with the present Applicant. So far as this allegation

is concerned the present Applicant states and

submits that the present Applicant executed

registered Joint Venture/Development Agreement

for Land on 27/12/2016 and constructions of said

Maitri Park/MaitriVatika was started prior to

execution of the said Joint Venture/Development

Agreement. The Applicant executed the said

registered Joint Development Agreement for the part

of the said Survey No. 114/part, Hiss No. 0, Kalher

and not for the entire plot of land. Therefore it

cannot be said that the applicant is the beneficiary

 of the said alleged forged document. In fact before

the execution of the said Joint

Venture/Development Agreement for Land dated

27/12/2016 between the present Applicant and

land owners, the other

developers/builders/contractor also executed

documents and constructed various buildings prior

to execution of the Applicant’s document.

f) That the Applicant states that on the basis of the

representation made by the land owners and

documents provided by the land owners the

Applicant executed further agreements with the

proposed buyers. Therefore on the perusal of the

entire charge sheet it reveals that there is no

dishonest intention at the instance of the present

Applicant. On the perusal of the entire chain of

documents it reveals that all the documents are

registered and also acquired search report from the

advocate. In fact when the said information is

received by the Applicant, the Applicant addressed

legal notice to the land owns and also addressed

complaint in writing to the Narpoli Police Station.

g) That on the perusal of the said charge sheet it

reveals that the land owners filed application for the

regulation of the said construction. As per the

provisions of the Town Planning Act the said

construction can be regularized imposing fine. So

far as the illegal excavation is concerned the

concerned authorities have imposed penalty on the

land owners and the land owners have paid the

same. Therefore the case of the prosecution for

cheating is not attributed.

h) That it is come to know to the Applicant that the

offenceis also registered against the Gramsevakof

KalherGrampanchayat. The Applicant states that

the applicant has nothing to do with

MaitriVatika/MaitriPark builders. The Applicant has

nothing to do with the said alleged 90 buildings

and/or the Applicant is not concerned with the said

buildings. The Applicant has constructed only two

buildings on the basis of the documents represented

by and/or produced by the land owners. Except

construction of two buildings the Applicant have

nothing to do with the documents as alleged by the

prosecution. The bank accounts of the Applicant are

frizzed by the prosecution. It is also pertinent to

 note that there is no complaint at the instance of

the proposed buyers against the Applicant. The

Applicant is civil contractor and as per their

agreement he has complied with the terms and

conditions.

i) That the alleged offences are triable by the First

Class Judicial Magistrates. The investigation is

completed and charge sheet is filed. Therefore the

Applicant is entitled for the bail.

j) That the Applicant states that there is no complaint

at instance of proposed buyers. It is alleged that the

buildings are constructed on Survey Nos.14, 22, 25,

27, 36 and 40 and not on survey No. 114 Hissa No.

0Kalher Village. On the contrary the Applicant

states and submits thatthe land owners handed the

possession of the said plot over to the Applicant and

in pursuance to the said demarcation and

possession given by the land owners constructed

the said buildings.

k) That the investigation is failed to prove the nexus of

the alleged crime with the present applicant. The

investigation is also failed to investigate the motive

of the alleged crime. The Applicant is never

 concerned with the crime. However the prosecution

by hook or crook wanted the Applicant keeping

behind the bar in any false case.

l) That, it is to be appreciated that on the perusal of

the entire charge sheet filed by the prosecution it is

revealed that except suspicion there is nothing on

record to show that the applicant has prepared and

used the alleged forged documents.

m) The Applicant has been remained in judicialcustody

for more than 5 months and charge sheet is filed.

The investigation is over and therefore further

custody is not required. Hence the Applicant

deserves to be released on bail on any such terms

and conditions as this Hon’ble Court deem fit and

proper.

n) That there is no role or any incriminating behavior

been assigned against the present Applicant in the

entire charge sheet.

o) The Applicant after being in police custody has been

remanded to judicial custody and as the

investigation is practically over, no fruitful purpose

will be served by further keeping the Applicant in

judicial custody.
p) The Applicant is a permanent resident of the

address mentioned in the cause title and residing

there with his family and hence there is no

possibility that he may abscond if granted bail.

q) That the Applicant is the only bread earner in his

family and the Applicant has one minor child. There

is no one in his family to look after his family.

Therefor the Applicant deserves to grant bail on

humanitarian ground.

r) The Applicant undertakes that he will not tamper

with the evidence or the prosecution case in any

manner whatsoever.

s) That the Applicant is ready and willing to abide by

any condition imposed by this Hon’ble Court while

releasing the Applicant on bail.

t) That the Applicant will not flee from justice if

granted bail by this Hon'ble Court.

u) The Applicant shall furnish required surety to the

satisfaction of this Hon'ble Court.

v) That the applicant will co-operate with the

investigation. That the applicant will attend the

 concerned police station as and when required by

the investigating officer.

w) That the Applicant undertakes that he will face trial

and be available before the Court on any date when

the matter comes up. There are more than ____

prosecution witnesses and charge sheet runs in

more than 600 pages. Till the filing of the present

bail application the charges against the present

Applicant are not framed. The Applicant states that

the conclusion of the trial will take more time. The

Applicant is in the custody for more than six

months. Therefore the bail application be allowed in

the interest of justice.

9. The Applicant craves leave to add, alter or amend

any of the foregoing grounds as and when found

necessary with the permission of this Hon’ble Court.

10. The Applicant states that he has not filed any other

application, revision and/or petition either in this

Hon’ble Court or in the Hon’ble Supreme Court of

India with regard to the same subject matter.

10. The Applicant therefore prays that;

a) The applicant may kindly be released on bail

in C.R. No. I-92 of 2018 dated 23/02/2018

 registered with the Narpoli Police Station,

District Thane on such terms and conditions

as this Hon’ble Court deems fit and proper;

b) Filing of the affidavit in the present application

be dispensed with as the Applicant is in jail;

c) Any such other and further relief may kindly

be passed as this Hon’ble Court may deem fit

and proper in the facts and circumstances of

the present case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE

APPLICANT AS IN DUTY BOUND SHALL EVER PRAY

Place: -Mumbai.

Dated this 28thday of August, 2018

Advocate for Applicant

IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.
OF 2018
DIST: THANE

Mr. JigneshMaganlalGada
… Applicant
Versus
The State of Maharashtra
... Respondent

---------------------------------------------------
CRIMINAL BAIL APPLICATION
---------------------------------------------------
Dated this 28th day of August, 2018

Adv. VinayakPatil
--------------------------------------------------
Advocate for the Applicant