JUDGEMENT
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(1.) The Applicants are seeking anticipatory bail in connection with C.R.No.148 of 2018 registered with Mankhurd
Police Station, under sections 420, 465, 467, 468, 471 r/w. 34 of
the Indian Penal Code .
(2.) The FIR is lodged on 09/06/2018 by one Vinayak Shinde. He has stated in his FIR that, MHADA had given
possession of 77 rooms to M/s. Trimurti Enterprises vide letter
dated 03/09/2004. The rooms were situated in building Nos.28,
29, 31 and 33 in P.M.G.P. colony at Mankhurd. The applicant No.2 Akkatai and her son Sachin were the partners of M/s. Trimurti
Enterprises. The applicant No.1 is husband of applicant No.2 and
applicant No.3 is wife of Sachin. There are allegations in the FIR
that, the applicant No.1 was also looking after the business of M/s.
Trimurti Enterprises. The first informant's father decided to
purchase one room through one Ramkrushna Jadhav in one of
those buildings. The informant's father decided to purchase room
No.1103 in building No.33 for Rs.2 lakhs, for which he had taken
loan from Kulswami Credit Society, Vashi branch. The FIR
mentions that, cheques were deposited in the bank account of M/s.
Trimurti Enterprises. The FIR mentions that, in the year 2005 itself
possession of that room was given by M/s. Trimurti Enterprises to
the first informant. Initially, the informant was residing in that
room and thereafter that room was given on leave and licence
basis to different persons. In the year 2014 the same room was
given to one Shankar Ghadge, who is a co-accused in this case, on
leave and licence basis. In the year 2015, the informant wanted to
reside in that room and, therefore, co-accused Shankar Ghadge
was told to vacate the room. At that time, co-accused Shankar
Ghadge told the informant that he had taken that room from the
applicant No.3 and not from the informant's family. He showed an
agreement to that effect entered into between M/s. Trimurti
Enterprises and applicant No.3. The first informant realized that he
was cheated. The room was fraudulently transferred in the
applicant No.3's name and therefore this FIR is lodged.
(3.) Heard Ms. Shashikala Rajak, learned counsel for the applicants and Shri. Pednekar, learned APP for the State.;
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