Ankush Sandipan Shete v. The State Of Maharashtra

CAJ 54-Wp-3196-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3196 OF 2019 Ankush Sandipan Shete ... Petitioner V/s.

The State Of Maharashtra ... Respondent Mr. Sandeep R. Karnik Appointed Advocate for Petitioner. Mrs. S. D. Shinde for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 30th JANUARY, 2023.

P.C. :

1.

Heard Mr. Karnik, learned Advocate appointed to represent Petitioner and learned APP for Respondent State. Perused record produced before us.

2.

Record indicates that, by a registered sale deed dated 27th February, 2017, the Petitioner after receipt of consideration of Rs.87,00,000/-, transferred the suit property in favour of Mr. Babasaheb S. Hanvate. The crime in question has been subsequently registered on 19th March, 2017. Record further indicates that, the NKGSB Co-Op. Bank Ltd. addressed a letter dated 16th January, 2019 to the Petitioner in jail intimating him about the loan account of Mr. Babasaheb S. Hanvate was closed on 31st March, 2018 and the bank handed over the documents pertaining the said property after release of mortgaged deed in favour of the Petitioner.

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CAJ 54-Wp-3196-2019.odt 3.

In view thereof, we find that there is no substance in the grievance of the Petitioner in the present Petition. Petition is accordingly disposed off.

4.

We however grant liberty to the Petitioner to adopt appropriate civil proceedings for recovery of suit property if so advised and permissible under the provisions of law.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2