Mumbai, India – February 18, 2022 – A 72-year-old man, Sadashiv Nivrutti More, has been granted bail by a Mumbai Sessions Court in a case involving allegations of fraud related to a housing society redevelopment project. The court, presided over by Additional Judge G.B. Gurao, granted bail in Criminal Bail Application No. 250 of 2022, citing the accused’s age, the principle of parity with co-accused already released, and his willingness to abide by court conditions.
More was arrested in connection with Crime No. 170/2021 registered at Trombay Police Station, where he was accused of cheating and criminal breach of trust under Sections 409 and 420 read with 34 of the Indian Penal Code.
Allegations of Fraudulent Redevelopment:
The complainant alleged that More, as a director and promoter of the Mahatma Jyotiba Phule society, had taken on the redevelopment project of building number 25. The complainant and his sister claimed to have booked rooms in the society and paid money to More, but they did not receive the promised accommodations. They alleged that More had cheated them.
Defense Arguments:
More’s defense, led by Advocate Akshita Prajapati, argued that he was innocent and had not committed any crime. They stated that More had not accepted any money from the complainant and that, at 72 years old, his custodial interrogation was unnecessary. The defense also emphasized his willingness to comply with any conditions imposed by the court.
Prosecution’s Objections:
The prosecution, represented by APP Ramesh Siroya, opposed the bail, arguing that the offense was serious and that More might pressure witnesses if released.
Court’s Reasoning and Decision:
Judge Gurao, after reviewing the FIR and the prosecution’s submissions, noted that More was accused of working as a “Gat Pramukh” (group leader) and accepting money from various people, which was then given to co-accused Madhukar Kamble. Crucially, the court observed that co-accused Madhukar Kamble, Sandeep Pawar, and others had already been released on bail.
The court emphasized More’s advanced age, his status as a permanent resident of his given address, and his undertaking to abide by court conditions. Citing the principle of parity and the role attributed to More, the court found him entitled to bail.
Bail Conditions:
More was granted bail on the following conditions:
- He must execute a personal recognizance (PR) bond of Rs. 25,000 with one or more solvent sureties of the same amount.
- He shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case.
- He shall furnish his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
- He shall inform the court and investigating officer of any change in his residence or mobile/contact number.
- He shall attend court regularly.
- Provisional cash bail of the same amount was granted for eight weeks.
Implications:
The court’s decision highlights the application of the principle of parity in bail matters, where co-accused facing similar charges are treated similarly. It also demonstrates the court’s consideration of the accused’s age and health in granting bail. The decision underscores the complexities of redevelopment projects and the potential for financial disputes and allegations of fraud.