Mumbai, September 16, 2022 – Mr. Rajesh Ramnath Sharma, a 42-year-old yoga therapist, has been granted bail by the Sessions Court for Greater Bombay in connection with an alleged fraudulent scheme involving the promise of MHADA (Maharashtra Housing and Area Development Authority) flats. The bail application, Criminal Bail Application No. 1964 of 2022, arose from Crime No. 356 of 2021 registered at the Kalachowki Police Station.

The prosecution’s case, as outlined in the court order, alleges that the complainant, Mr. Ajay Suresh Sawant, and his brother were interested in purchasing a room. The applicant, Mr. Sharma, allegedly represented himself as a MHADA officer and introduced them to two other individuals, assuring them they would secure a MHADA flat in Borivali for ₹17,00,000/-.

According to the complainant, he was asked to pay ₹2,00,000/- in cash to Mr. Sharma. He stated that his wife withdrew this amount from her Maharashtra Bank account and handed it over to her sister, Anagha, for payment to the applicant. Subsequently, two cheques amounting to ₹10,00,000/- and ₹5,00,000/- were allegedly handed over to Mr. Sharma and another individual, Prathamesh Sawant. The complainant alleged that despite making these payments, he did not receive the promised flat, leading him to file a police report against Mr. Sharma and others.

Following the registration of the case, the Investigating Officer arrested Mr. Sharma on May 31, 2022, and he has been in judicial custody since then. In his bail application, Mr. Sharma argued that he had been falsely implicated in the alleged offense. He claimed that he did not receive any money from the complainant in his name and had no involvement in the alleged crime. He further stated that the two cheques issued to Prathamesh Sawant were deposited into the bank accounts of Rajesh Sawant and Ankush Jankar, individuals with whom he has no connection. Mr. Sharma also pointed out that nothing incriminating was recovered from him and that the charge sheet had already been filed, rendering his further custody unnecessary.

The prosecution, represented by Learned Additional Public Prosecutor (Addl. P.P.) Mrs. Seema Deshpande and the Investigating Officer, opposed the bail application. They argued that releasing Mr. Sharma on bail could lead to a repetition of similar crimes, citing a previous similar offense registered against him at the Kalachowki Police Station (C.R. No. 102 of 2019). They also expressed concerns about the possibility of the applicant pressuring prosecution witnesses.

However, His Honour the Additional Sessions Judge Mr. Anand Pandurang Kanade (C.R. 60), after hearing both sides and examining the case records, noted that the ₹15,00,000/- paid through cheques was deposited into the account of “Shri. Sairaj Property Proprietorship,” a concern belonging to the accused Rajendra Sawant and Ankush Jankar. The court also observed a lack of prima facie evidence indicating that the complainant’s wife had withdrawn ₹2,00,000/- on January 4, 2018, and handed it over directly to Mr. Sharma.

Considering that Mr. Sharma had been in judicial custody since May 31, 2022, his police custody period was over, and he is a permanent resident with a provided address, the court found no grounds for his further detention, especially given his willingness to abide by imposed terms and conditions.

Consequently, the court passed the following order:

ORDER

1. Criminal Bail Application No. 1964 of 2022 is allowed.
2. The applicant/accused, Mr. Rajesh Ramnath Sharma, shall be released on bail upon executing a personal bond of ₹20,000/- (Rupees Twenty Thousand Only) and providing one or two solvent sureties of the same amount in Crime No. 356 of 2021 registered at Kalachowki Police Station.
3. Cash security of ₹20,000/- is permitted provisionally for a period of one month in lieu of the surety bond.
4. The accused shall submit a list of at least three blood relatives with their detailed residential addresses and work addresses (if any), along with documentary proof verifying the provided details.
5. The accused and the surety shall inform the police authorities and the trial court of any change in their residential address while the accused is on bail.
6. The accused shall submit copies of at least two documents from the following list: Pan Card, Aadhaar Card, Ration Card, Electricity Bill, Voter ID card issued by the Election Commission, or documents related to immovable properties owned by him.
7. After the submission of the aforementioned documents, the Investigating Officer shall conduct a physical verification of the residential address to confirm the address stated on the documents.
8. The accused shall not make any inducement or threat to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the court or any police officer, nor shall he tamper with the evidence.
9. The accused shall not leave the territorial limits of Mumbai without prior permission from the court.
10. The accused shall not commit any offense similar to the offenses he is accused of in the present case.
11. Conditions No. 4 to 8 must be complied with simultaneously with the furnishing of the cash security or the surety bond, whichever is earlier.
12. Bail shall be furnished before the Court of Metropolitan Magistrate.

The order was dictated, transcribed, and signed by Additional Sessions Judge Mr. Anand P. Kanade (C.R. 60) at the Sessions Court, Mumbai, on September 16, 2022.

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