Vinayak Maruti Patil v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1043 OF 2022 Vinayak Maruti Patil ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Shivshankar Patil for the applicant.

Mr.S.H.Yadav, APP for the State.

API Shri Bala Wanjare from Manpada police station. CORAM: BHARATI DANGRE, J.

DATED : 3rd AUGUST 2022 P.C:- The applicant is facing charge u/s.420, 465, 467, 468, 471 r/w 34 IPC and in FIR No.704/2021 registered with Manpada Police station. He came to be arrested on the very same day. The learned counsel submits that the said C.R arraigned two other persons as accused, and on completion of investigation, charge-sheet has been filed against three accused persons. The learned counsel has placed on record the orders passed by the Addl. Sessions Judge, Kalyan in case of co-accused Shivlal Saroj and Vilas Janu Wayle, who are released on bail, by recording that the case is based on documentary evidence and these documents are alleged to be false and fabricated. The

2/3 31 BA 1043-22.doc charge-sheet reveal that there is no monetary transaction and it can be discerned from the charge-sheet that the property in question was already purchased by the complainant from the legal heirs of Sevaram Bhagwani by a registered document and it stand in the name of his company. It is alleged that accused no.1 to 3 purchased a fraudulent order from the Settlement Commissioner which had shown the land to be allotted to one Mohan Premchand. The attempt was made to sell the property to the complainant on the basis of the fraudulent documents. Investigation being complete and material against the applicant already compiled in the charge-sheet, coupled with the fact that the two accused who are assigned a serious role than the present applicant, are released on bail, the applicant cannot be denied his liberty. Hence, the following order :

O R D E R

(a) The Applicant - Vinayak Maruti Patil in connection with C.R.No.704/2021 registered with Manpada Police Station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him

3/3 31 BA 1043-22.doc from disclosing the facts to Court or any Police Officer. The Applicant should not tamper with evidence.

(c) The Applicant shall mark his attendance to the concerned police station on First Wednesday of every month between 10.00 am to 12 noon till framing of charge.

The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)