MHCC020039232024
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO. 605 OF 2024
Rajesh @ Nilesh Mithailal Vishvakarma,
Age : 41 year, Occ : Job,
R/o : CEN51/2, Shree Ganesh Chawl,
Committee, Vakola Pipeline, Madras Wadi,
Gaondevi, Mumbai – 55
…
Applicant
Versus
The State of Maharashtra
(At the instance of Police Station,
Kurla,
C.R.No.173/2023)
…
Respondent
Appearance:
Mr. Karan Mehta @ Ms.Asha Mehta, Mr. Shubham Dudwadkar and
Mr. Nishant Shah, Ld. Adv. for the applicant.
Mr. J. N. Suryawanshi, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 1, 2024
ORDER
1.

Applicant Rajesh @ Nilesh Mithailal Vishvakarma is one of
the accused persons in C.R. No.173/2023 registered with Kurla Police
Station under Ss. 120B, 420, 465, 466, 467, 468, 471, 472, 473, 34 IPC.
He is praying for bail. Investigating Officer vide say (Exh.2) strongly
opposed the application on following grounds,
a The cheated amount is yet to be recovered.

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BA No.605/2024
b The applicant is involved in preparing bogus letterhead,
stamp of Mhada and bogus allotment letter, which are yet to
be seized. If the bail is granted, the applicant will cause its
disappearance.
c The applicant is likely to create hurdles in ongoing
investigation and also pressurize the informant and
witnesses.
d There is possibility of absconding and repeating the similar
crime.
With this, it is contended to reject the application.
2.

Heard Ld. Adv. Mr. Karan Mehta for the applicant and
Ld. APP Mr. J. N. Suryawanshi.
determination.

Following points arise for my
I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
THE FACTS INVOLVED IN C.R.No. 173 OF 2023
3.

Mr. Nasir Zahoor Ahmad Shaikh on 15.05.2023 lodged FIR
alleging that he and his family are in the business of footwear. His
second wife Mrs. Nasreen Shaikh resides at Vidyavihar, Ghatkopar West,
Mumbai. His family is big hence he was in search of house with
reasonable price and talked as such with his friend Maqsood Ahmad
Shaikh. He referred one Hussain Ahmad Khan contending his
connections with high level MHADA Officers and he could manage
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BA No.605/2024
house for the informant being their agent. After seven days Maqsood
came to the shop of the informant at Byculla along with Hussain Ahmad
and Shoeb Khan. There was a meeting wherein Hussain Khan told him
that he had good relation with MHADA officers and he is arranging
allotments of flats at Kohinoor and Premium Kurla from different
quotas. The said Hussain and Shoeb promised the informant for
arranging flat for Rs. 70 lakhs and also showed various documents
available with them in their mobile. Accordingly, the informant agreed
to have a meeting with MHADA Officers.
4.

On
15.07.2020,
Hussain
Ahmad
Khan
invited
the
informant at Room on first floor mala near Peer Shah Dargah where
informant and his second wife gone. Hussain Ahmad, Shoeb, Vishnu
Tripathi, Nilesh Thakkar, Ramesh Pawar were others who were present
in the said office. Khan introduced everyone of them particularly Vishnu
Tripathi, Nilesh Thakkar and Pawar being MHADA officers and
promised of the MHADA flat through them. The Informant told them
that he wanted a flat in MIG colony. On this Ramesh Pawar told its
price Rs.70 Lakhs. On 20.07.2020 Hussain Khan invited the informant
at MIG Colony, Kurla where Shoeb Khan, Ramesh Pawar, Hussain khan,
Nilesh Thakkar also visited. A flat of 465 sqft area was shown to him
and the informant liked it. Price was fixed. On 27.07.2020 informant
paid Rs.1 lakh as token thereof.
5.

On 06.08.2020, Ramesh Pawar, Hussain Khan, Vishnu
Tripathi, Shoeb Khan, Nilesh Thakkar again called him (informant) at
Ram Mahal Hotel, Kurla West.

Accordingly, the informant with his
friend Kasood Bashir Shaikh visited the said spot and had final talks and
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also paid Rs.50,000/- advance for the same. Subsequently, time to time
the informant went on paying and also paid Rs.6,60,000, Rs.
6,00,000/-, Rs.2,00,000/-, Rs.5,00,000/- total Rs. 23,10,000/-. It was
also agreed that the informant would pay them Rs. 25,00,000/- and SBI
Loan of Rs. 30,00,000/- would be managed. At the relevant time,
Ramesh Pawar and his associates showed the informant their
Government Identity cards and pretended that they are MHADA
Officers. However, the informant could not get any flat, hence was
pursuing all of them but they were evasive. Therefore, the informant
visited SBI and inquired about his loan proposal but came to know that
no such loan proposal was pending in the said bank. When the
informant asked about the same to Hussain Khan and Ramesh Pawar,
both of them told him that they would be arranging his flat through
Anil Shinde directly who is the High level MHADA Officer. For that in
June 2021, they introduced informant and his wife Nasreen to Anil
Shinde who was accompanied by Nilesh Thakkar. Others were also
present at that time. Anil Shinde told him that he is high level MHADA
Officer and final sanction of MHADA flat is made on his table and
informant’s file would likely to come on his table soon. At that time
Rs.3 lakhs and something was asked to the informant. Believing them
the informant paid the same. In this way, on many occasions the
informant paid total Rs.45,00,000/- to all of them. There was no flat
nor any progress nor any clear picture about the same hence, the
informant was loosing his control. Quarrel took place among them
when they assured him that after some days Biometric would be done
and also there Associates named Abbas and Bankar took his Bio-metric,
finger prints, retina scan and photographs and also got a Form filled in
from the informant assuring him that, soon the proceedings will be
finished and thereafter directed the informant to deposit remaining
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Rs.9,50,000/-. However, the informant insisted them to pass a receipt
thereof.
6.

On 04.09.2021 the informant paid Rs.9,50,000 to Ramesh
Pawar, Vishnu Tripathi, Nilesh Thakkar when all of them signed a stamp
paper stating receipt of Rs.55 Lakh. Thereafter, the informant went on
pursuing Hussain Khan and Ramesh Pawar for the key of the room and
the documents thereof. In the meantime as the second wife of the
informant named Nasreen was not residing with him and was intended
to buy a house from her savings, Vishnu Tripathi, Nilesh Thakkar,
Ramesh Pawar stated the informant and his said wife about a MHADA
house in Vikhroli Kannamwar Nagar and also quoted its price
Rs.18 Lakh. Therefore, the informant with his said wife, Hussain Khan,
Shoeb Khan, Vishnu Tripathi, Nilesh Thakkar went to Room No.1605,
16th floor, B Wing, Kannamwar Nagar, Vikhroli East and also liked the
said house. In this way, both of them confirmed the said deal. Hussain
Khan, Shoeb Khan, took Aadhar Card and other documents of the
informant’s wife on 01.10.2021. Thereafter, in the presence of Ramesh
Pawar, Anil Shinde, Nilesh Thakkar, Shoeb Khan, his (Informant’s) wife
Nasreen paid Rs.6 Lakh to Ramesh Pawar.

On 30.10.2021 Vishnu
Tripathi, Hussain Khan and Shoeb Khan placed a Letter of Allotment of
Mhada house on the letterhead of Mhada with the photographs of
Nasreen and signature, stamp of Mhada officer.

Therefore, the
informant and his wife believed them.
7.

On 28.11.2021 in the presence of Ramesh Pawar, Anil
Shinde, Nilesh Thakkar, Shoeb Khan, Hussain Khan and the informant
himself, Nasreen gave Rs.3 Lakh in the hands of Ramesh Pawar. On this
Ramesh Pawar stated her that registration of the said room was to be
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.. 6..

made for that her finger prints, signed blank cheque, singed blank
papers are required and also took the same from Nasreen.

Thereafter,
Husssain Khan told the informant that Sandip Patil, high level Mhada
officer was dealing with his file and also directed to complete it as early
as possible and for that a meeting with him is necessary.
8.

In December, 2021 Vishnu Tripathi and Shoeb Khan
introduced Sandip Patil in hotel Hitchki, BKC Bandra, Mumbai. At that
time said Sandip Patil had come to the said hotel alongwith his assistant
Rajesh in BMW car bearing No.MH08-Z-4518. That time he stated that
all the papers of his Mhada flat alongwith key are ready and if they fail
to pay remainder, the entire transaction would be cancelled. On that
the informant requested them saying that he would be making some
adjustment and also paid Rs.2 Lakh to Sandip Patil. Thereafter, the
informant and Nasreen paid Rs.18 Lakh some in cash and some through
online to Shoeb Khan, Hussain Khan and their associates. After that the
informant and Nasreen were continuously pursuing Hussain Khan,
Ramesh Pawar, Vishnu Tripati and their associates. After some days,
Hussain Khan and Nilesh Thakkar called the informant to meet them in
front of Mantrayala, where they introduced him to Wasim and further
told that said Wasim would take him for his Mhada work to Mhada
officials. For that said Wasim asked the informant to wait in front of
Ambassador Hotel where the informant waited for the whole day. In
the evening it was told to the informant that the said officer left for
home and he (Wasim) would be meeting him in his house, where
Rs.50,000 would have to be paid.

Accordingly, the informant paid
Rs.50,000/- to said Wasim. When the informant Nasreen showed the
said Allotment Letter given to them by Ramesh Pawar to the people,
they came to know that it was a fake allotment letter and they got
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BA No.605/2024
cheated. However, on 21.01.2022 Hussain Khan, Ramesh Pawar, Abbas,
Bankar, Shoeb Khan, Vishnu Tripathi, Nilesh Thakkar came to the
informant, where Abbas and Bankar made dram of registration of the
house through the computer and obtained their signatures on the blank
papers. These are the facts.
9.

Allegations made in the FIR prima-facie indicate that
initially the informant was dealing with various accused persons
mentioned in the FIR for his own house.

However, he (informant)
reached to the conclusion that he was being cheated by those persons.
The story alleged in the FIR from unnumbered page No.1 until 5 th
unnumbered paragraph on unnumbered page No.3 of the FIR clearly
indicates that due to various circumstances of transaction alleged in the
FIR, the informant had reached to the conclusion that he got cheated
from the accused persons. Yet, from the unnumbered paragraph 5 on
unnumbered page 3 of the FIR, the informant quoted the second story
of purchasing house from all the same persons he had lost confidence
and arrived at conclusion that the said people cheated him in respect of
his own flat dealing. In natural course of conduct a person who is of a
firm opinion of the people that they (people) cheated him, would never
enter into any another similar transaction for his second wife Nasreen.
Yet, the second story alleged in the FIR is about the dealings of house
purchase by the informant, his wife Nasreen with the same people who
allegedly cheated the informant.
10.

Admittedly, there were number of meetings between the
informant and the people mentioned in the FIR from 15.07.2020 until
December, 2021.

Admittedly, in none of these meetings any role is
attributed to the present applicant nor any of such meetings indicates
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BA No.605/2024
presence of the applicant.

For the first time, the presence of the
applicant is referred in the meeting of December, 2021 in Hotel Hitchki,
the presence of the applicant Rajesh is referred accompanying Sandip
Patil being his assistant who (Sandip Patil) alleged portrayed himself as
Mhada Officer. Even if the allegations in FIR are considered as it is,
mere presence of the applicant with Sandip Patil does not attribute him
any active role in the scam alleged in the FIR.

Even that day the
informant put Rs.2 Lakh in the hand of said Sandip Patil and not in the
hands of the applicant.

Therefore, mere presence of the applicant
prima-facie does not reflect his active involvement in the various facts
and circumstances of transaction alleged in the FIR.
11.

It has to be noted that the applicant was arrested on
20.01.2024. He was thoroughly investigated after his arrest. Various
grounds put forth by the I.O. while objecting this application, are about
recovery of bogus letterhead, stamp, allotment letter etc. Prima-facie
and even the FIR clearly indicates that the applicant was not participant
of the said circumstances of transaction. The grounds (a) to (d) put
forth by the Investigating Officer for opposing this application, are not
justified as the present applicant had absolutely no role in the facts and
circumstances of transaction related to them. It has to be noted that the
Hon’ble High Court vide Order dt.02.02.2024 in B.A. No.456 of 2024
granted bail to the co-accused Vishnudev Ramsundar Mishar @ Vishnu
Tripathi. Vide another Order dt.17.08.2023 in ABA No.2100 of 2023 the
Hon’ble High Court also granted anticipatory bail to Vasim Raja whose
name is appearing in the FIR as Wasim. In my opinion investigation to
the extent of the applicant is over. Of course, roles attributed to various
other accused persons in the FIR are different. Presently the capacity of
Arthur Road Jail is hardly of 700 prisoners, but there are 3700 prisoners
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.. 9..

inside it which itself indicates situation in the jail for which the Hon’ble
Supreme Court has expressed deep concern. In my opinion there is
absolutely no role of the applicant in any of the meetings, including the
meeting in the Hotel Hitchki in December, 2021, to indicate that he was
active participant in the scam alleged in the FIR. In such situation
keeping him behind bars for uncertain period is not justified. There are
dependents on the applicant and he is the breadwinner of his family. If
certain conditions are imposed on him, he can be released on bail.
With this, Point No.1 is answered in the affirmative and following order
is passed :ORDER
1.

Bail Application No.605 of 2024 is allowed.

2.

The applicant Rajesh @ Nilesh Mithailal Vishvakarma, be
released on bail in C.R. No.173 of 2023 registered with
Kurla Police Station, Mumbai, on furnishing a P.R. Bond
of Rs.30,000/- with one or two sureties in the like
amount to the satisfaction of the Ld. Court of First
Instance.

3.

The applicant shall not tamper with the prosecution
evidence. The applicant shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him from disclosing the facts to Court or any police
officer.

4.

On being released on bail, the applicant shall furnish his
contact number and residential address to the
investigating officer and shall keep him updated, in case
there is any change.

5.

The applicant shall regularly attend the proceedings
before the Ld. Court of First Instance.

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BA No.605/2024
6.

The applicant is permitted to furnish provisional cash
security of Rs.30,000/- for a period of two months, with
PR bond as directed above.

7.

Bail shall be furnished before the Ld. Court of First
Instance.

8.

The issue for further extension of time, if any, to furnish
surety, shall be considered and dealt with by the
Ld. Court of First Instance.

Dt.: 01.04.2024
Signed on
( M.G. Deshpande )
Additional Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 01.04.2024
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BA No.605/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
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HHJ M. G. DESHPANDE
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Judgment/order signed by P.O. on
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