Shanti Pandurang Bhurkud And ORS v. The State Of Maharashtra

2023:BHC-AS:27831

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2065 OF 2023

1. Shanti Pandurang Bhurkud

2. Laxmi Vasudev Paradhi

3. Sukari Ramu Bhurkud ..Applicants VS.

The State of Maharashtra ..Respondent Mr. Vinod B. More, for the applicant.

Ms. Veera Shinde, APP for the State.

PSI- N.H. Patil, Palghar present.

CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 21, 2023 P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under sections 420, 467, 468, 471, 120(b) read with 34 of the Indian Penal Code, 1860 (hereafter 'IPC' for short) registered on 18/01/2023 vide C.R. No.0011 of 2023 with Palghar Police Station. The applicants were arrested on 24/02/2023 3.

The applicants are Aadivasi women. Applicant no.1 is 70 years 1/4

of age. Applicant no. 2 is 55 years of age and applicant no. 3 is 70 years of age. The applicants are working as labourers in village - Kotim, Taluka- Dahanu, District- Palghar. The applicants are widows. The applicants are accused nos. 3, 4 and 5. Accused no.7 approached the applicants and informed that there is a scheme of the government for compensation to the widows. The applicants handed over all the documents that they had. The applicants were then taken to the authorities who in fact were supposed to pay the compensation to the project affected persons in respect of the bullet train project. The amount involved is over Rs.30 lakhs.

In the FIR which is lodged at the instance of the Nayab Tahsildar, Sub-Divisional Office, Palghar, it is alleged that the applicants had impersonated themselves as the owners of the land and accepted the compensation. The real owners were in fact dead. From the material, it appears that it is the accused no.1, 2, 6, 7 and 8 who are the main accused. From the materials, it also appears that the accused no. 7 informed the applicants that they are entitled to the compensation under the scheme floated for the widows compensation. The substantial portion of the compensation deposited in the accounts of the applicants is appropriated by the accused no.1 - the developer for his own benefit.

Dahanu, District - Palghar. The applicants were arrested on 24/02/2023 and are in custody for more than 6 months. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant no.1- Shanti Pandurang Bhurkud, applicant no. 2- Laxmi Vasudev Paradhi, applicant no. 3Sukari Ramu Bhurkud in connection with C.R. No.0011/2023 registered with Palghar Police Station shall be released on bail on their furnishing P.R. Bond of Rs.10,000/- each with one or more sureties in the like amount.

(c) The applicants are permitted to furnish cash bail surety in the sum of Rs. 10,000/- each for a period of 6 weeks in lieu of surety.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

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(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

4.

The application is disposed of.

(M. S. KARNIK, J.) 4/4