MOST RESPECTFULLY SHEWETH:

1. Applicant is a law abiding and peace loving Citizen of India, having the fixed place of
residence stated hereinabove, he is residing there along with his Wife, Daughter,
Brother and family, he belongs to very respectful family. He earns his livelihood by
doing construction business.
2. Applicant is apprehending his arrest by Nalasopara Police Station and Economic
Offences Wing, Palghar in Nalasopara Police State C.R. No. 201 of 2016, registered for
the offences punishable u/s 420, 465, 466, 467, 468, 471, 474, 34 of I.P.C. r/w, 52,
53, 54 of M.R.T.P. Act And Section 4, 13, 14 of Maharashtra Ownership of Flat Act.
3. Alleged prosecution case is that on 16th August, 2016, Prakash Baliram Jadhav
incharge Deputy Commissioner of Vasai Virar Municipal Corporation has filed
complaint with Police against following persons 1) Anil Gupta, 2) Ravindra Singh, 3)
Ramjatan Yadav, 4) Amit Shah, 5) Rajdev Saw, 6) Mahesh Saw, 7) Gulab Bhola Saw,
8) Nitin Pitale, 9) Anthony D’Silva, stating therein that these persons forged the
commencement certificate and with the help of forged documents they illegally made
construction in the building A to L, situated at, Survey No. 4 and 5, Nilemore,
Nalasopara and thereby cheated the flat holders and the Municipal Corporation.
4. Complainant has stated that on 22nd January, 2016 one Anil Kumar Yadav and on
8th July, 2016 one Dhananjay Yadav have filed written complaints before Vasai Virar
Municipal Corporation regarding illegal construction at Survey No. 4 and 5 of Nilemore
Village and that on further enquiry it was revealed that Development Authority has
granted development permission bearing no. CIDCO/VVSR/CC/BP-4409/W/4085
dated 8th April, 2009 and revised development permission bearing No.
CIDCO/VVSR/CC/BP-4409/W/4085 dated 7th January, 2010, revised permission
was granted for constructing ground plus seven floors in A wing, Ground plus four
floors in B wing, Ground plus three floors in C to F wing and school building having
ground plus five floors but in fact developer has constructed Ground plus seven floors
in A to F wings and additional G to L wings having ground plus seven floors.
5. The specific allegation against the Applicant is that he is one of the partner of Sai
Leena Developers which is a Partnership firm having following partners:-
i. Anil Ramchandra Gupta
ii. Mukesh Shivdas SOnar
iii. Devendra Rajnikant Ladhani
iv. Nitin Dinanath Pitale
v. Anthony D’Silva
Said partnership firm has purchased plot of land situated at, Survey No. 2 & 4,
Nilemore Village, Nalasopara (W), Dist: Palghar, development rights of said plot was
sold, sale proceeds was deposited in the account of Sai Leena Developers and the
Applicant has received certain amount from the said account.
6. From the same set of facts earlier on 10th August, 2016 Nalasopara Police Station has
registered their C.R.No. 197 of 2016, registered for the offences punishable u/s. 420,
465, 466, 467, 468, 471, 474, 34 of I.P.C. In said case one Narendra Prakash Patil
has filed complaint stating therein that by registered Sale Deed dated 3rd January,
2013 he purchased Room No. 203, situated at, Reliable Complex, F Wing, Nalasopara
from M/s. Sahara Builders and Developers and one month thereafter he started
residing there. In March 2016 he saw the notice, issued by Municipal Corporation u/s
52, 53, 54 of Maharashtra Regional Town Planning Act, 1966 regarding illegal
construction, thereafter he approached to the Builder and Developer, enquired about
 said notice on which he was told that reply would be given to said notice. Thereafter
he went to the office of Municipal Corporation Virar and enquired about the
construction of Reliable Complex, requested to furnish copies of C.C., Layout Plan of
the Building, R.D.P., Layout Plan of R.D.P. and all the documents from said piles,
accordingly said documents were furnished to him, then he compared the copy of C.C.
with the copy of C.C. annexed to his Registered Agreement and he realized that the
copy of C.C. annexed to his Agreement was forged. He also enquired about the C.C.
of other wings of the buildings and realized that the C.C. of 12 buildings of Wing A to
L, situated at, Survey No. 2, 4 and 5, Reliable Complex, Nile More (W) was forged.
7. Applicant submits that he has nothing to do with the alleged illegal construction, his
name is not mentioned in Nalasopara Police Station C.R. No. 197 of 2016 or 201 of
2016, Investigation of Nalasopara Police Station C.R. No.197 of 2016 has already been
completed, chargesheet has been filed and in said chargesheet also there is nothing
to indicate the involvement of present Applicant. Applicant craves leave to rely upon
report submitted by Nallasopara Police Station u/s. 173 of Cr.P.C. in their C.R. No.
197 of 2016.
8. Applicant submits that apart from Survey No. 2 & 4 the Said partnership firm has
also purchased plot of land situated at, Survey No. 259, 260 & 192, of Nilemore
Village, Nalasopara (W), Dist: Palghar.
9. Applicant has not signed any documents pertaining to the purchase or sale of the plot
of land which have been allegedly purchased and sold by Sai Leena Developers in S.N.
2 & 4 of Village Nilemore, Nalasopara (W), Dist: Palghar.
10. In fact Investigation of the issue of so called illegal construction of 12 buildings namely
building A to L of Reliable Complex, situated at, Survey No. 2, 4 and 5, Nilemore
Village, Taluka: Vasai, District: Palghar and the issue of forgery of the Commencement
Certificate have already been investigated by Nalasopara Police Station in their C.R.
No. 197 of 2016, after completing an investigation chargesheet has also been filed
before L.d. Magistrate, Vasai in which Applicant has not been arraigned as an
Accused.
11. Above said report submitted u/s. 173 of Cr.P.C. by Nalasopara Police Station in their
C.R. No. 197 of 2016 clearly shows that Applicant is innocent, he has not committed
any offence. In said case Nalasopara Police Station has prosecuted following Accused
1) Parag CHandrakant Parab, 2) Anil Ramchandra Gupta, 3) Rajdev M. Saw, 4) Israr
M. Khan. Except above said Accused persons no one has been prosecuted in above
said case. When after completing an investigation Police came to conclusion that only
4 Accused persons are involved in the crime it is not permissible by law to register
second offence for the same set of facts and to implicate other than the Accused
prosecuted in Nalasopara Police Station C.R. No. 197 of 2016.
12. In the present case Nalasopara Police Station registered their C.R. No. 197 of 2016,
completed its investigation, filed the chargesheet before L.d. Magistrate against above
said four persons. In such circumstances it is not permissible by law to register
different offence and implicate the persons other than mentioned in Nalasopara Police
Station C.R. No. 197 of 2016.
13. Registration of Nalasopara C.R. No. 197 of 2016 amounts to registration of second
F.I.R. for the same set of facts and to further investigate the earlier offence of which
investigation has already been completed which amounts to re-investigation without
authority of law.
14. Even after completing an investigation of C.R. No. 197 of 2016 Investigating Agency
could not find any evidence against the Applicant and therefore he has not been
arraigned as an Accused, then in such circumstances to file second F.I.R. for the same
set of facts and to implicate the Applicant is not permissible.
15. In the present case co-accused Parag Chandrakant Parab has filed Criminal Writ
Petition No. 154 of 2017 before this Hon’ble Court for quashing of F.I.R. which is the
subject matter of present application, on the ground that for the same set of facts
second F.I.R. has been registered, said Writ Petition came up for hearing before their
Lordships Justice Shri. A.S. Oka and Justice Smt. Anuja Prabhudessai JJ. On 25 th
January, 2017 and their Lordships were please to pass an ad-interim order and
thereby directed that the chargesheet should not be filed against him and said order
is continued. Applicants crave leave to rely upon such order.
16. In the present case co-accused Anit Ramchandra Gupta has also filed Criminal Writ
Petition No. 706 of 2017 for quashing of F.I.R. which is the subject matter of present
Application on the ground that for the same set of facts second F.I.R. has been
registered. Said Writ Petition came up for hearing before their Lordships Justice Shri.
A.S. Oka and Justice Smt. Anuja Prabhudessai on 3rd March, 2017 and their
Lordships were pleased to pass ad-interim order and thereby directed that the
chargesheet should not be filed against him and said oorder is continued. Applicant
crave leave to rely upon said order.
17. While granting bail to co-accused Parag Chandrakant Parab Ld. Magistrate in order
dated 19th September, 2016 has observed as follows:-
“Considered the submissions made by both the parties and perused the case diary. I
have also perused the record of C.R. 197/2016 it reveals from that the subject matter
of illegal construction of that C.R. and the case in hand is the same and the alleged
forged documents involved in both the C.R. is also same. Learned Counsel for the
accused has not drawn the attention of this Court for the accused has not drawn the
attention of this Court on this facts when I.O. applied for the custody of the Accused
in the present crime. It appears from the record that the subsequent F.I.R. is
registered on the similar offence is not proper and same is not permissible in the eyes
of law”.
Applicant crave leave to rely upon said order dated 19/09/2016.
18. In the present case entire case of the prosecution depends on document i.e. on so
called forged Commencement Certificate and said forged document is already in the
custody of the Investigating Officer.
19. Applicant has not filed any other previous Anticipatory Bail Application before this
Hon’ble Court in Nalasopara Police Station C.R.No. 201/2016.
20. Applicant has been prosecuted by Nalasopara Police Station, and hence this Hon’ble
Court has got jurisdiction to entertain the present application.
LIST OF DOCUMENTS OF MR. ANIL RAMCHANDRA GUPTA, MR. DEVVENDRA R.
LADHANI AND MR. MUKESH S. SONAR
1. FIR Copy of 197/2016 dated 10/08/2016 of 1) Rajdev saw 2) Israr Khan & Other
Developers (Nalasopara west police station u/s. 420, 464, 468, 471 & 34 of IPC
2. FIR Copy of 201/2016 dated 16/08/2016 of 1) Anil Ramchandra Gupta, 2)
Ravindra R. Singh 3) Ramjatan R. Yadav, 4) Amit Shah, 5) Rajdev Saw, 6) Mahesh
Saw, 7) Gulab Bhola Saw, 8) Nitin Pitale, 9) Anthony D’silva (Nalasopara west
police station u/s. 468, 471, 34 of I.P.C. & 52, 53, 54 of M.R.T.P. Act)
3. FIR Copy of 546/2016 dated 09/10/2016 of Dharmendra G. Khoda (Tulinj police
station u/s. 420, 465,468,471 & 34 of I.P.C.)
4. FIR Copy of 30/2016 dated 29/11/2016 of Shaukinkumar Jain & Ravi Pappu
SOni (Virar west police station u/s. 52,53,54 of M.R.T.P. Act)
5. FIR Copy of 500/2017 dated 17/07/2017 to Mr. Devendra R. Ladhani (Waliv
police station u/s. 420, 471, 465, 468 of I.P.C.)
6. Mr. Anil Ramchandra Gupta Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar
names reflected in remand report of FIR No. 20/2016 as on 2/12/16.
7. Mr. Anil Ramchandra Gupta Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar
appeared before JMFC, VASAI 2. In FIR No. 30/16. They were remanded to police
custody. The order of bail is annexed dated 05/12/2016.
8. Mr. Anil Ramchandra Gupta Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar
names reflected in remand report of FIR No. 546/2016 of Tulinj Police Station.
9. Mr. Anil Ramchandra Gupta Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar
were taken in custody by tulinj police station in FIR No. 546/2016.
10. The bail application in FIR. 546/2016 was heard by JMFC VASAI 4 and rejection
order was passed on dated 9/12/2016 of Mr. Anil Ramchandra Gupta Mr.
Devendra R. Ladhani & Mr. Mukesh S. Sonar. The copy of order annexed.
11. The bail application in FIR. 546/2016 was heard by add. District vasai. Dated
16/12/16 and rejection order was passed on dated 18/12/2016 of Mr. Anil
Ramchandra Gupta Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar. The copy
of order annexed.
12. Mr. Anil Ramchandra Gupta had been granted anticipatory bail and the same was
withdrawn in FIR. 197/2016 & 201/2016 the copy of the withdrawal is annexed.
Mr. Anil Ramchandra Gupta was taken in custody by Nalasopara police station in
FIR. 197/2016 & 201/2016 dated 22/12/16 and 28/12/2016 respectively.
13. The bail application in both the cases was done and order was passed on dated
02/01/2017. In FIR. No. 197/2016 the bail application was allowed and in FIR
No. 201/2016 the bail application was rejected by Mr. Anil Ramchandra Gupta.
Both the order copy annexed.
14. The bail application was in add. District judge in FIR. 201/16 and it was allowed
by the honorable court of Mr. Anil Ramchandra Gupta.
15. The bail application in FIR. 546/2016 filed in hon’ble high court was withdrawn
on dated 01/02/2017 with a liberty to file in vasai court after charge sheet of Mr.
Anil Ramchandra Gupta.
16. The bail application after charge sheet was allowed by JMFC VASAI 4 on dated
06/02/2017 of Mr. Anil Ramchandra Gupta Mr. Devendra R. Ladhani & Mr.
Mukesh S. Sonar on dated 08/02/2017.
17. Mr. Devendra R. Ladhani & Mr. Mukesh S. Sonar names reflected in remand
report dated 01/05/2017 in CR No. 201/2016.
18. ABA of Mr. Mukesh S. Sonar was rejected by the Add. Session Judge Vasai and
ABA filed in hon’ble high court in CR. No. 201/2016 interim relief was granted on
30/06/2017 extend upto dated 24/08/2017.
19. FIR lodge by Waliv Police Station on Mr. Devendra R. Ladhani dated 17/07/2017.
20. ABA of Mr. Devendra R. Ladhani was rejected by the Add. Session Judge Vasai
dated 02/06/2017 and ABA filed in hon’ble high court in CR. No. 201/2016
interim bail is allowed on 27/07/2017 extended upto dated 28/08/2017.
21. ABA filed in Add. Session Judge in CR. No. 500/2017 dated 19/07/2017 Interim
protection rejected by Add. Session Judge as on 25/07/2017 to Mr. Devendra R.
Ladhani. It was moved to High Court. High Court directed to hear the final and it
was argued in Vasai Court accordingly a permanent relief order is passed. The
copy of the said order is annexed herewith.
22. ABA of Mr. Devendra R. Ladhani is allowed by Add. Session Judge in CR. No.
500/2017 as on 03/08/2017.