Indore: High Court of Madhya Pradesh granted bail to Gopal Gawande, managing director of Gateway Devcon Pvt Ltd, subject to furnishing of proof of payment of Rs 5 lakh to the complainant and further subject to the condition that he will refund the balance amount to the complainant within one month from the date of his release, failing which the bail order will automatically come to an end.
Builder Gawande was behind the bars since January 2020 and facing trial for offence punishable under Sections 406, 420, 467, 468, 120-B of the IPC registered with Police Station Lasudiya, Indore, in Crime No.126/2020.
Complainant’s advocate Subhash Chandra Soni said, “The allegation against the applicant is that he had received a sum of Rs 45 Lakhs from the complainant and had entered into an agreement for sale of the apartment but thereafter he had not sold the same to the complainant and alienated the land to the third parties.”
Further, he added that the agreement was on a 100 Rupees stamp paper, that too for sale of two flats on payment of Rs 45 lakh, which is very unusual.
“Inspite of receiving a sum of Rs 45 Lakhs, the applicant has not given the flats to him and that the objector had filed an application before the RERA, Bhopal and RERA has passed the order dated 5.3.2020 in favour of the complainant for refund of the amount,” Soni said.
As per the judgement given by HC Judge Prakash Shrivastava, “The applicant-Gopal Gawande is directed to be released on bail on his furnishing a personal bond in the sum of Rs 35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.”
Further, Gawande was directed to furnish proof of payment of Rs.5 Lakhs to the complainant and refund the pending amount in a month.
