Mumbai, April 13, 2022 – The Additional Sessions Judge B.V. Wagh rejected the bail application of Shankar Vasant Rane @ Baban, who was arrested for allegedly cheating individuals by falsely promising them MHADA flats. The court cited the ongoing investigation, the nature of the accusations, and the possibility of tampering with witnesses as reasons for denying bail.
Rane was arrested in connection with Crime No. 57/2022, registered at Matunga Police Station, for offenses under Sections 406 (criminal breach of trust), 419 (cheating by personation), 420 (cheating), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
According1 to the prosecution, in 2017, the complainant came into contact with Rane, who presented himself as a Union Leader with connections to high-ranking MHADA officials. Rane allegedly assured the complainant he could secure a flat in Satyam Building. The complainant selected a flat shown by Rane, and a consideration amount of Rs. 25,00,000 was fixed. The complainant paid Rs. 12,00,000, both in cash and by cheque.
It was also alleged that Rane accepted Rs. 9,00,000 from witness Ganesh Vedak as consideration for another flat. When neither the complainant nor the witness received possession of the flats, they realized they had been duped.
Rane, through his advocate M.D. Mali, sought bail under Section 439 of the Criminal Procedure Code (CrPC).
The prosecution, represented by Additional Public Prosecutor (APP) Ratnavali Patil, opposed the bail, arguing that the investigation was ongoing and that Rane might tamper with witnesses if released.
Judge Wagh, after hearing both sides and reviewing the case record, noted that Rane had accepted substantial amounts of money from the complainant and the witness under the guise of providing them with flats.
“On going through the case record, it appears that the applicant has accepted the amount of Rs.12,00,000/- from the informant as well as Rs.9,00,000/- from witness Ganesh under the guise of providing them flat. However, the applicant dupe the informant and witness and caused their wrongful loss. It appears that investigation is in midway. There may be other persons who are cheated like the informant. If the applicant is released at this stage than there is every possibility that he may create hurdle in the investigation. Considering the nature of accusation, the investigation is in midway and possibility of tampering of witnesses, dissuaded this Court to release the applicant on bail at this stage.” Said Judge Wagh.
The court emphasized the ongoing nature of the investigation and the possibility of other victims. It also highlighted the risk of Rane obstructing the investigation and tampering with witnesses if released on bail.
Consequently, the court rejected Rane’s bail application.
“Criminal Bail Application No. 821 of 2022 is rejected. Criminal Bail Application No.821 of 2022 stands disposed of accordingly.” Judge Wagh ordered.
The order was dictated, transcribed, and signed on April 13, 2022, and uploaded on the same day, as certified by stenographer Prajwala V. Phodkar.
This ruling underscores the judiciary’s approach in considering the stage of investigation, the nature of accusations, and the potential for witness tampering when deciding bail applications in cheating cases, particularly those involving promises of valuable assets like flats.