A sessions court on Tuesday rejected the bail plea of a 83-year-old developer and his female family member in a cheating case for allegedly not giving flats as promised after taking money, and said that he is not entitled for bail on the ground that he is a senior citizen.

The octogenarian Madhukar Rupji and Tejal Rupji, 53, are owners of Rupji Constructions. As per the complaint, they had promised the informant and others flats at various sites and accepted over Rs. 1.87 crore, but not provided the properties. The duo are already undergoing sentences of a Consumer Forum and could not be arrested in the present case.

In his bail plea, he had cited his age and medical conditions. Their advocate also argued that the FIR was lodged after three years. The prosecution had opposed the relief and told the court that they are habitual offenders and that many offences were pending against them.

The court stated that only on the ground that one of the accused is a senior citizen he is not entitled for bail. “From the say of the prosecution it is clear that they are habitual offenders and many such cases are pending against them...the nature of the offence is very serious as the accused seem to have misappropriated the hard earned money of the common man,” the court said.

Additional Sessions Judge Chitra Hankare said in her order that the record prima facie shows that the company of the accused received huge payment as hand loan or in view of booking of flat in their various construction projects. It noted that they had denied having received any amount towards sale of flats. “In such circumstances if accused are released on bail they may jump bail and also pressurize witnesses without repayment of any amount.” it stated.