
The Bombay High Court in Mumbai has denied the request for pre-arrest bail by 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 expressed concerns that there may be additional victims involved. Justice N J Jamadar stated on Aug 26 that an innocent investor has been misled for over a decade, with the applicant's dishonest behavior exacerbating the situation. The case involves Rajesh Jain of Neumac Group representing himself as a reputable developer to Dr. Bharati Patil and her son Dr. Nirmal, inducing them to invest in 'Neumac Aura' with the promise of a flat valued twice the investment amount. Despite transferring around Rs 90 lakh to Jain's company, the promised development did not materialize. Instead, Jain issued a flat allotment letter in Aug 2019 for a non-existent site. Subsequently, he refused to refund the amount and allegedly threatened the doctors with dire consequences. Jain was charged by Nigdi police under various sections of the Indian Penal Code. The court was presented with evidence that construction had not progressed beyond the ground floor, contradicting Jain's claims of constraints. Justice Jamadar questioned Jain's honesty from the project's inception and refuted his claims that BMC had halted development. Notably, an intimation of disapproval (IOD) was issued in Oct 2009, followed by three commencement certificates up to the seventh floor of the rehab building by 2017. Jain's assertions that the delay is due to specific issues were also brought into question.The new target completion date was June 30, 2024. Justice Jamadar stated that an understanding of the element of dishonest intention is crucial in this context. He noted that Jain is attempting to shift blame onto others for the delay and is seeking pre-arrest bail based on intent to defraud. The judge emphasized the importance of Jain's interrogation in custody.