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CDJ 2026 SC 343 print Preview print Next print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2026 (@ SLP(Crl.) No. of 2026 @SLP(Crl.) Diary No. 70025 of 2025)
Judges: THE HONOURABLE MR. JUSTICE ARAVIND KUMAR & THE HONOURABLE MR. JUSTICE PRASANNA B. VARALE
Parties : Mohammad Ansaf Farooqui Versus State of Maharashtra\r\n
Appearing Advocates : For the Petitioner: ------ For the Respondent: -------
Date of Judgment : 12-01-2026
Head Note :-
Indian Penal Code, 1860 - Sections 420, 406 read with Section 34 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 420, 406 read with Section 34 of the Indian Penal Code, 1860 (IPC)
- Section 3 of the Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999
- Maharashtra Land and Revenue Code, 1966

2. Catch Words:
- Bail
- Appeal

3. Summary:
The FIR No.210 of 2024 was lodged against the appellant and others for alleged offences under the IPC and the Maharashtra Depositors’ Protection Act, relating to a fraudulent housing loan scheme. The complainants claimed investment of Rs.30 lakh and non‑delivery of possession or refund. It was alleged that the land involved was tribal land requiring prior permission under the Maharashtra Land and Revenue Code, which was not obtained. The appellant denied any association with the alleged promoters, claiming to be the founder of a different firm. The investigation concluded, a chargesheet was filed, and the appellant had been in custody since 30‑06‑2024. The appellate court found continued incarceration unwarranted and granted bail. Accordingly, the appeal was allowed and the appellant was ordered to be released on bail under conditions set by the lower court.

4. Conclusion:
Appeal Allowed
Judgment :-

1. Heard.

2. Delay condoned.

3. Leave granted.

4. FIR No.210 of 2024 came to be registered on 21.06.2024 against the appellant herein and others for the offences punishable under Sections 420, 406 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Section 3 of the Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999 alleging that in the year 2022, pamphlets were circulated by one Raj Reality Builders promising interest-free loans for purchase of houses on a concessional rate in the housing projects propounded by them and located at Bhoidapada, Rajavali Gaon, Vasai (East).

5. The accused alongwith few other people is said to have shown the proposed location of the construction to the complainant. The complainant and others are said to have invested a sum of Rs.30,000,00/- (Rupees Thirty Lakhs only) in the said Scheme and appellant and other accused persons alleged to have failed to handover possession or refund the money as alleged in the aforesaid FIR.

6. It is further alleged that the land, on which the construction was promised, is a land belonging to tribals which required prior permission of authorities for transferring and development under the Maharashtra Land and Revenue Code, 1966 and no such permission had been obtained. These allegations have been denied by the appellant by contending he has nothing to do with Raj Reality Builders and he is the Founder of Khan Builders and his customers have not complained at all.

7. The investigation having been completed and chargesheet having been filed, continued incarceration of the appellant, who has been in custody since 30.06.2024, is not warranted. Hence, appeal is allowed. Appellant is ordered to be enlarged on bail on such terms and conditions as the jurisdictional court may deem fit to impose.

8. Pending application(s), if any, shall stand disposed of.
 
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