The complainant in the alleged case of fraud against Thane-based builder Rashmikant Shah on Wednesday sought cancellation of latters bail,saying that if a lower court passes a perverse order,then the High Court can set it aside. Referring to the bail granted to the builder by a magistrates court last month,complainant Mahendra Shahs lawyer Amit Desai argued before a Vacation Bench of the Bombay High Court (HC) that perversity of order can be a ground for the higher courts to set aside the order. Desai argued that the lower court had granted the bail in haste and did not consider calling for a police report or pave way for the police to interrogate the builder. The HC last week had stayed the bail granted to Shah. Desai also pointed out a police report which said that Shah was not cooperating and also the allegation that the builder was tampering with the witnesses. The HC and sessions court had earlier rejected Shahs anticipatory bail plea. Shah,a Thane resident,is facing charges of cheating and forgery worth Rs 80 crore. The HC had earlier stayed Shahs bail,but the Supreme Court set aside that order on technical ground,and allowed the police to approach the high court again. According to complainant Mahendra Shah,he and Rashmikant entered into a partnership to redevelop an old building in 2002. However,upon completion in 2007,Rashmikant allegedly sold off flats by cheating Mahendra as well as old tenants. He claimed that Mahendra and tenants had relinquished their rights by an agreement,but police found that documents were allegedly forged. Earlier this month,the HC had refused to grant him anticipatory bail. Following the arrest,Shah secured bail from a magistrates court. However,on May 15,the HC stayed the bail order,but he moved the Supreme Court which set it aside on technical grounds. Vacation Judge Justice S J Kathawala will continue hearing the arguments on Thursday.
