MHCC020054482024
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO. 849 OF 2024
Soheb Nabiullah Khan
Age : 38 year,
R/o : Flat No.1003, 10th floor, I Wing,
HDIL Building, Premier Residency,
Kiroli Road, Kurla West, Mumbai
…
Applicant(A3)
…
Prosecution
Versus
The State of Maharashtra
(At the instance of Police Station,
Kurla,
C.R.No.173/2023)
Appearance:
Ms. Anjali Patil, Ld. Adv. for applicant.
Mr. J.N. Suryawanshi, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 4, 2024
ORDER
1.

Applicant Soheb Nabiullah Khan 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 claiming parity and false implications. Investigating
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BA No.849/2024
Officer vide say (Exh.2) strongly opposed the application on following
grounds,
a The applicant (A3) is actually involved in the offence of
cheating and fetching money from the informant. He and
his associates have fetched huge money from the informant
on a fake promise of MHADA house.
b The applicant (A3) had received Rs.1,50,000/- in his bank
c The money fetched by all accused from the informant and
his wife are yet to be recovered.
d All accused involved in this crime had prepared a bogus
letterhead, bogus stamp of MHADA officers and also a
bogus house allotment letter while committing this offence.
e. Offence is serious.

With this, it is contended to reject the application.
2.

Heard Ld. Adv. Ms. Anjali Patil for the applicant and
Ld. APP Mr. J. N. Suryawanshi. Following points arise for my
determination.

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 ?

No
2.

What Order ?

Application stands
rejected.

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BA No.849/2024
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
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
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BA No.849/2024
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
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
BA No.849/2024
.. 5..

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
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
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.. 6..

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
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
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BA No.849/2024
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
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 drama of registration of the
house through the computer and obtained their signatures on the blank
papers. These are the facts.
9.

It is a fact that the Hon’ble High Court granted bail to co-
accused Vishnu Tripathi and an anticipatory bail to Vaseem Raja Shaikh
vide Orders dt.02.02.2024 and 17.08.2023 in B.A. No.456/2024 and
ABA No.2100/2023 respectively. Recently Ld. Court of First Instance
rejected the bail application of the applicant (A3) noting his active
participation.
10.

Careful perusal of facts alleged in the FIR prima-facie
indicate that the applicant has participated the offence right from the
beginning. When the informant was in search of ownership house came
in contact and talked with his friend Maqsood Ahmed Shaikh, who
referred the informant to Hussain Ahmed Khan, contending that the
said Hussain has connections with high level Mhada Officers. After
7 days Maqsood came to the shop of the informant at Byculla alongwith
BA No.849/2024
.. 8..

Hussain Ahmed and Shoeb Khan (the applicant).

This fact clearly
indicates that the first meeting regarding the search for the house of the
informant took place in the shop of the informant itself and the present
applicant was active participant of the said meeting. Not only this but
the applicant Shoeb and Hussain promised and induced the informant
for spending Rs.70 Lakh with a promise to make him available a Mhada
house. For that both of them showed various documents which were
available in their mobiles. Believing the said representation made by
Shoeb and Hussain, the informant agreed to proceed with them. So all
this prima-facie indicates that the role of the applicant(A3) in inducing
the informant was from the inception.
11.

It has to be noted that thereafter, many times the
applicant(A3) and his associates fetched huge money from the
informant for processing Mhada house.

Stepping ahead, bogus
allotment letter on the letterhead of Mhada with bogus stamp of Mhada
was given to the informant which was subsequently found bogus. So,
this is a clear case how the cheaters cheat the residents in Mumbai, who
are in ardent need of house. The FIR clearly indicates how the accused
persons involved in this offence, in order to calm down the informant
and his wife made a drama of online registration of Mhada house.
Certainly, this is not a fit case for granting bail. Nor the applicant is
entitled to claim any parity as his role is aggravated than the role of the
other accused persons. Admittedly, he has received Rs.1.5 Lakh in his
account as pointed out by the Investigating Officer in his say.
12.

Recently this Court granted bail to Rajesh @ Nilesh
Mithailal Vishwakarma specifically pointing out his role which was not
indicating his active involvement. Therefore, the applicant cannot claim
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BA No.849/2024
parity with him. As the applicant is undertrial prisoner, Ld. Court of
First Instance will take care of proceeding with the trial. Hence, I am of
the opinion that no strong prima-facie case is made out by the
applicant.

With this, Point No.1 is answered in the negative and
following order is passed :ORDER
1.

Bail Application No.849 of 2024 stands rejected.

2.

Inform the Ld. Court of First Instance.

3.

Ld. Court of First instance shall note that the applicant is
undertrial prisoner and proceed to frame charge by
expediting the trial.

Dt.: 04.04.2024
Signed on
( M.G. Deshpande )
Additional Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 04.04.2024
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BA No.849/2024
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Judgment/order signed by P.O. on
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