Bombay High Court Denies Anticipatory Bail to Afzal Iqbal Kapadia in Rs 57 Lakh Real Estate Fraud Case
The Bombay High Court has denied anticipatory bail to businessman Afzal Iqbal Kapadia, while granting it to his wife, Nabila Afzal Kapadia. The case involves a fraudulent real estate transaction in Heera Panna, Haji Ali, where the Kapadias are accused of
Bombay High CourtReal Estate FraudAnticipatory BailAfzal Iqbal KapadiaNisar Mohammad Ali JohariReal Estate MumbaiJan 19, 2025
57 lakhs.
However, the court granted bail to his wife, Nabila Afzal Kapadia, who is a co-accused in the same case.
The case originates from an alleged fraudulent real estate transaction involving the purchase of a shop located in Heera Panna, Haji Ali.
The complainant, Mr.
Nisar Mohammad Ali Johari, claims he was defrauded by the Kapadias after he paid Rs.
57 lakhs for the shop, which was initially priced at Rs.
2.82 crore.
According to Mr.
Johari, despite making the payment, Mr.
Kapadia failed to execute a formal Memorandum of Understanding (MOU) as agreed.
Instead, Mr.
Johari discovered that the property had been unlawfully sold to another person for Rs.
3.28 crore, despite an existing valid contract that had not been terminated.
Furthermore, without refunding the monies owed to the complainant, Mr.
Nisar Johari, Mr.
Afzal Kapadia resold the shop to another person, thereby unlawfully gaining an additional sum of Rs.
46,000.
Upon Mr.
Johari’s attempts to contact Mr.
Kapadia for clarification and to recover his outstanding payment, the accused failed to provide any response.
Advocate Firoz Usman, representing Mr.
Johari in the Bombay High Court, expressed his satisfaction with the court's decision.
He stated, “I am grateful on behalf of my client to Hon’ble Justice N.J.
Jamadar, who presided in Court Room No.
03 of the Bombay High Court.
The judge appreciated all my arguments, which were substantiated with facts, cogent evidence, and legal representation.
The opponent attempted to misrepresent the facts and tried to distort them with baseless submissions.”
The Hon’ble Judge, Justice Shri Jamadar, after hearing the arguments from the accused/prosecutor (representing Agripada Police Station) and Advocate Mr.
Firoz Usman (representing the complainant/intervener) Mr.
Nisar Johari, passed an order rejecting the anticipatory bail application of Mr.
Afzal Iqbal Kapadia and allowing the anticipatory bail application of Mrs.
Nabila Afzal Kapadia.
It is pertinent to note that the FIR was filed against the Kapadias on September 6, 2023, under sections 420, 406, 506, and 34 of the Indian Penal Code for cheating, criminal breach of trust, and fraud, based on Mr.
Johari’s complaint.
The investigation in the present matter is ongoing at Agripada Police Station.
Advocate Mr.
Firoz Usman and the complainant, Mr.
Nisar Johari, now await the action of Agripada Police.
Frequently Asked Questions
What is the main accusation against Afzal Iqbal Kapadia?
Afzal Iqbal Kapadia is accused of defrauding Mr. Nisar Mohammad Ali Johari of Rs. 57 lakhs through a fraudulent real estate transaction involving the purchase of a shop in Heera Panna, Haji Ali.
Why was the anticipatory bail application of Afzal Iqbal Kapadia rejected?
The Bombay High Court rejected the anticipatory bail application of Afzal Iqbal Kapadia due to the seriousness of the fraudulent allegations and the court's appreciation of the complainant's arguments and evidence.
What sections of the Indian Penal Code are the Kapadias charged under?
The Kapadias are charged under sections 420, 406, 506, and 34 of the Indian Penal Code for cheating, criminal breach of trust, and fraud.
When was the FIR filed against the Kapadias?
The FIR was filed against the Kapadias on September 6, 2023, based on Mr. Nisar Mohammad Ali Johari’s complaint.
What is the current status of the investigation?
The investigation in the present matter is ongoing at Agripada Police Station, and Advocate Mr. Firoz Usman and the complainant, Mr. Nisar Johari, await further action from the police.
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