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No pre-arrest bail for agent who ‘took 82L to aid fraud'

No pre-arrest bail for agent who ‘took 82L to aid fraud'

Time of India17-05-2025

Mumbai:
Bombay high court
rejected the pre-arrest bail plea of a real estate agent who allegedly took Rs 82 lakh from a man who runs a restaurant in Vile Parle to bribe BMC officials to transfer ownership of the premises in his name.
Justice Advait Sethna on Friday stated that
Pawan Mutreja
's antecedents show he adopts a "similar modus operandi of habitually entering into such dubious transactions". "These would prima facie demonstrate that today the complainant is a victim of such conspiracy hatched by the accused persons… Tomorrow there may be someone else," he noted.
The premises were given by BMC in lieu of road widening, and there is pending litigation.
On Apr 14, Mutreja was booked for criminal breach of trust, cheating, and conspiracy on a complaint by Jayprakash Shetty (76). Mutreja, in connivance with Paresh Shah and Prakash Vyas who frequented Geeta Restaurant, induced him by misrepresentation to pay Rs 82 lakh — Rs 50 lakh by bank transfer and Rs 32 lakhcash.
Mutreja's advocate claimed he was framed, stating he received Rs 11.4 lakh loan from Vyas. Justice Sethna said it seems "doubtful and an afterthought" as there is no loan document.
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Whether amounts received by Mutreja have a link with the Rs 82 lakh paid by Shetty requires investigation by interrogating Mutreja, he added. There were six similar criminal complaints against him.
Justice Sethna said it would be "a travesty of justice'' if his custodial interrogation is stalled or prevented. While Mutreja moved HC urgently citing his mother's surgery for cancer, the judge said, "This ground does not inspire confidence."
There was "overwriting" on the May 13 medical report to show she is advised surgery urgently. Prosecutor Supriya Kak said surgery was recommended in Aug 2024, but "nothing happened since then".
Kak submitted a transcript of a recording of a talk between Mutreja and Shetty's daughter "where this applicant has been demanding money from her for bribing BMC officials". Justice Sethna said it would prima facie indicate attempt by Mutreja "to influence the prospective witnesses, which is legally impermissible and to be deprecated".
Kak said Mutreja never cooperated in the probe and does not reside at his address. Justice Sethna said the prosecution's apprehension that Mutreja "may flee from justice cannot be summarily dismissed in the given facts and circumstances". Mutreja has not approached HC "with clean hands, which is the sine qua non, equally so…for pre-arrest bail."

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