- (1.)Leave granted.
(2.)These appeals by special leave challenge the Order dated 1.4.2014 passed by the Bombay High Court, in and by which, the High Court dismissed the anticipatory bail applications filed by the appellant while granting anticipatory bail to two other persons (Suresh Vallabhji Vora and Rajnikant N. Parekh) arrayed as accused in the same case.
(3.)Case of the prosecution arises out of a private complaint filed by M/s. Merit Magnum Construction alleging commission of offences against the appellant and other accused u/s 420, 406, 423, 424 r/w Section 34 IPC wherein directions were issued by the Magistrate u/s 156 (3) Cr.P.C. for proper investigation. Case of the complainant is that on 21.12.2005, the seven companies through their Directors entered into a Memorandum of Understanding (MOU) to sell the rights of their land to the complainant - M/s. Merit Magnum Construction, formerly M/s Vimal Builders. Till 2006, the complainant is said to have paid a sum of Rs.7,22,12,256/- to the said companies. It is alleged that inspite of the timely payment of Rs.7,22,12,256/-, the accused persons did not transfer the lands as promised in the MOU. It is the case of the complainant that during the period from 2005 to April 2013, the Directors and shareholders of the above mentioned seven companies Suresh V. Vora, Rajnikant N. Parekh and the appellant Rakesh Baban Borhade with common intention to deceive the complainant company avoided transferring ownership rights, interest, shares and related documents to the complainant company and also deliberately suppressed several transactions relating to the property prior to MOU.