Chandra Shekhar Madhavrao Ayachit v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.07.24 14:25:37 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1491 OF 2022 Chandra Shekhar Madhavrao Ayachit ...Applicant V/s.

The State of Maharashtra and anr.

...Respondents.

Mr. Niranjan Mundargi i/b Ms Keral Mehta for the Applicant. Mr. P.H. Gaikwad Patil, APP for the Respondent/State. Mr. Vivek Punjabi a/w. Kinnari Mehta for the Respondent No.2/Intervenor.

CORAM

:

N.R. BORKAR, J.

DATE :

03.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.89 of 2022 registered at Sarkar Wada Police Station, Nashik for the ofences punishable under Sections 406, 420, 467, 468, 471, 120t B read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for respondent No.2.

4.

The allegations against the applicant and other cotaccused are of forgery and impersonation. However, according to the complainant herself, the land bearing survey No. 702/1/A situated 1/3

within municipal limits of Nashik city was jointly purchased by the applicant, her father and six others.

5.

According to the complainant, the applicant by impersonation got executed General Power of Attorney and Development Agreement dated 21 March 2005 in favour of his wife in relation to land in question.

6.

Admittedly, the father of complainant was alive till 2016. He however, during his lifetime, had not questioned the said development agreement. It further appears that in the year 2019, the mother of complainant had executed Confrmation Deed in favour of certain purchasers, who are made cotaccused in the present crime. Prima facie, the dispute appears to be of civil nature. Considering overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 89 of 2022 registered at Sarkar Wada Police Station, Nashik for the ofences punishable under Sections 406, 420, 467, 468, 471, 120tB read with 34 of the Indian Penal Code, he shall be released on bail on executing P.R Bond in the sum of Rs.25,000/t (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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C] The applicant shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3