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Bombay High CourtABA/338/2015anticipatory bail granted

Sachin Shamrao Londhe v. The State Of Maharashtra And ANR

2015-05-05Hon'Ble Justice Revati Mohite Dere5 pages

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.338 OF 2015 Sachin Shamrao Londhe .Applicant V/s.

The State of Maharashtra & anr.

.Respondents Mr.R.Mehrod i/b. M/s.Dinesh Tiwari & Associates, Advocate, for the Applicant Mrs.Rutuja Ambekar, APP, for the Respondent No.1 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

5TH MAY, 2015 P.C.

.

Heard the learned counsel for the applicant and the learned APP for the respondent - State.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-214 of 2014 registered with the Vashi Police Station, Navi Mumbai, for the alleged offence punishable under Section 420 r/w 34 of

the Indian Penal Code.

3.

Learned Counsel for the applicant submitted that the applicant is a Property Consultant and has only identified the parties i.e. Sahadev R. Sawant and the informant Anil Waze, and has signed as a witness on a registered Sale Deed dated 23rd August, 2012. He submits there is no dispute regarding the genuineness of the said Sale Deed. He submitted that Anil Waze, the first informant, has alleged in the FIR, that the earlier registered Sale Deed dated 28th February, 2012 entered into between Sahadev Sawant and one Ravishankar Ramaswamy is not a genuine agreement, inasmuch as, the seller Ravishankar Ramaswamy had not sold the property to Sahadev Sawant and that somebody has impersonated the said Ramaswamy in the said registered Sale Deed. He submits that the present applicant has no connection with the first registered Sale Deed entered into between Sahadev Sawant

and Ramaswamy, which is allegedly a forged and fabricated document. He submits that as far as the second registered Sale Deed dated 23rd August, 2012 is concerned, the same is in order and that as a Property Consultant, the applicant has identified the parties.

4.

The learned counsel for the applicant states that there is no material to connect the applicant with the alleged offence. The learned APP states that apart from the aforesaid material that the applicant has signed as witness on the registered sale deed on 23rd August, 2012, there is no material as against the applicant.

5.

Considering the nature of allegations as against the applicant, the applicant is entitled to pre-arrest on the following terms & conditions :-

(i) The applicant, in the event of his arrest, be enlarged on bail on executing P.R.Bond in the sum of Rs.15,000/- with one or two solvent sureties in the like amount;

(ii) The applicant shall attend the Vashi Police Station, Navi Mumbai on the 1st Saturday of every month between 10.00 a.m. to 12.00 noon till the conclusion of the trial;

(iii) The applicant shall co-operate with the investigating agency and shall not tamper or attempt to influence the witnesses or any person concerned with the said case;

(iv) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the investigating officer of the the Vashi Police Station, Navi Mumbai.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)