MUMBAI: A Session Court has granted anticipatory bail to developer Munaf Vadgama and four of his relatives accused in a case of cheating and criminal breach of trust related to a redevelopment dispute in Mazgaon.
Additional Session Judge Avinash P. Kulkarni permitted anticipatory bail, stating that if Sajida Munaf Vadgama, Aslam Ismail Merchant, Munaf Kadar Vadgama, and Tausif Hanif Shaikh are arrested, they should be released on bail concerning the case registered at Sir J. J. Marg Police Station.
The case, lodged under Sections 406 and 420 of the Indian Penal Code, stems from a complaint by Julie Coelho. She alleged that the partnership firm M/s Aafiyah Realtors failed to provide a promised alternate shop premises after redeveloping a building on Dimtimkar Road, Nagpada.
According to the complaint, the late Antonia Coelho, the original tenant of the shop, had signed agreements with the developer to receive a permanent alternate premises of approximately 350 sq ft and rent for temporary accommodation. However, despite the completion of the building, the promised shop was reportedly not delivered.
The complainant also alleged that the defendants proposed a one-time settlement of ₹1.10 crore and issued post-dated cheques that were later dishonored due to insufficient funds.
During the hearing, defense attorneys argued that the issue was primarily civil, concerning the surrender of tenancy rights. They noted that the original tenant had executed a deed of surrender and received significant payments from the developer over the years.
The court found evidence indicating that payments totaling approximately ₹59.59 lakh had been made in multiple installments to the complainant’s family, concluding that custodial interrogation did not seem necessary.
The court granted pre-arrest bail with conditions, including the execution of a ₹20,000 bond each and a requirement to appear before the investigating officer at the police station every Monday for three months or until the filing of the chargesheet. The accused were also instructed not to tamper with evidence or influence witnesses.
