A Mumbai Sessions Court has granted anticipatory bail to Sajida Munaf Vadgama, a director of a construction firm, who stands accused of cheating a 60-year-old businessman of a staggering sum of Rs 4.99 crores in a property deal that allegedly never materialized.
Court's Bail Conditions and Restrictions
Judge R S Aradhye of the Sessions Court, while granting the relief, set specific conditions for the accused. The court directed that in the event of her arrest, Vadgama must be released upon executing a personal bond of Rs one lakh along with one or two sureties. Crucially, the court has mandated her to attend the Byculla police station every Sunday between 11 am and 2 pm. She must also present herself as and when called by the investigating officer until further orders are issued.
The bail order comes with strict restrictions to ensure the integrity of the ongoing investigation. Sajida Vadgama has been explicitly restrained from tampering with prosecution evidence or attempting to influence witnesses. Furthermore, she cannot leave Mumbai without obtaining prior permission from the court.
Details of the Alleged Fraud
The case originates from a First Information Report (FIR) filed by Mausam Armar, the director of Galaxy Multi Channel Network Pvt. Ltd. The complaint targets Aaliyah Realtors, Munaf Wadgama, and his wife Sajida Vadgama.
According to the complainant's allegations, in March 2013, he was introduced to builder Munaf Wadgama and Sajida through common acquaintances at a mosque in Mazgaon. The couple presented themselves as proprietors of M/s Aafiyah Realtors and offered to sell him nine flats—six on the 40th floor and three on the 41st floor—in a proposed 47-storey project named “Aafiyah Heights” at Nagpada.
They assured Armar that possession would be granted within 30 months and that a valid occupation certificate would be provided. Trusting these assurances, Armar initiated payments from his company's bank account between March and November 2013 through cheques and RTGS transfers. The total amount paid allegedly reached ₹4.99 crores. The accused reportedly issued a Memorandum of Understanding (MOU) and allotment letters to bolster his confidence in the transaction.
Project Stalls, Leading to Legal Action
The promised 30-month period lapsed without the delivery of any flats. Upon making inquiries, Armar made several shocking discoveries. He alleged that Aafiyah Realtors was not a registered entity at the time of the transactions in 2013 and was only formally registered in 2019. Additionally, he found that the construction of "Aafiyah Heights" had only progressed up to 23 floors to date, far short of the promised 47-storey tower containing his flats.
These revelations prompted Armar to approach the police, leading to the registration of the cheating case. The grant of anticipatory bail to Sajida Vadgama is a procedural step that prevents her immediate arrest but does not absolve her of the allegations. The investigation by the Byculla police continues as they probe the details of the financial transactions and the status of the controversial real estate project.
