Builder Denied Pre-Arrest Bail in Case of Allegedly Defrauding Doctor of 90 Lakhs
Mumbai: Bombay High Court has rejected the pre-arrest bail plea of a Mumbai-based developer who allegedly cheated a doctor of Rs 90 lakh with the promise of a flat in his project at Parsi Colony, Wada...
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The Bombay High Court in Mumbai has denied the pre-arrest bail application of a developer based in Mumbai who is accused of defrauding a doctor of Rs 90 lakh by promising a flat in his project at Parsi Colony, Wadala (W). The court highlighted the possibility of other victims in the case. Justice N J Jamadar remarked on the situation where an innocent investor had been misled for a decade, criticizing the applicant's dishonest behavior. The case involves Rajesh Jain of Neumac Group, who enticed Dr. Bharati Patil and her son Dr. Nirmal to invest in 'Neumac Aura' in 2012, assuring them a flat double the invested amount. Despite transferring around Rs 90 lakh to Jain's firm until 2016, the investors found no progress on the promised flat by 2019. Jain then refused to refund the amount and allegedly made threats. Nigdi police pressed charges against Jain for breach of trust, cheating, and intimidation. Evidence presented showed that construction had not progressed beyond the ground floor despite payments made. Jain's claim of project delays due to certain reasons was refuted by the court, which noted that there were no development restrictions imposed by the BMC. The court emphasized the need to ascertain Jain's intent from the project's inception and ruled against the bail plea.The updated target completion date is June 30, 2024. Justice Jamadar emphasized the importance of recognizing the presence of dishonest intent in this context. He noted that Jain is attempting to shift blame for the delays to others and is seeking pre-arrest bail on the basis of fraudulent intent. The judge stated that Jain's custody interrogation is essential.