Radhika Anil Patil v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2693 OF 2022 Radhika Anil Patil ...Applicant
Versus
The State Of Maharashtra And Anr.
...Respondent(s)
....
Shri S.T. Pandey a/w Anima Mishra, Angela Singha, Anuj Singh, Reena Kajal Upadhyay i/b SBG Law, Advocate for the Applicant. Shri M.G. Patil, APP for the Respondents - State. ....
CORAM
:
PRAKASH D. NAIK, J.
DATE :
11th OCTOBER, 2022.
PER COURT :
1.
The applicant is arrested on 23rd July 2022 in connection with F.I.R. No. I-184 of 2022, registered with Mumbai Naka Police Station, Nashik for the offence punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of Indian Penal Code. 2.
F.I.R. was registered on 2nd July, 2022 alleging that the subject property was purchased by the complainant on 28th May, 2022. The first informant received a telephonic call from one person who inquired with him, whether he has sold his plot to any other person. He was also informed that his plot has been
purchased by Radhika A. Patil (applicant). The first informant received information from him and approached the office of SubRegistrar, Nashik on 23rd May, 2022. He perused the documents and found that the plot was purchased by the applicant and signed as purchaser in the Sale Deed. It was also revealed that the complainant was impersonated by some person by pasting his photograph and signing on his behalf and putting thumb impression on his behalf. The thumb impression was fabricated. The plot was purchased for consideration of Rs.45,00,000/- and Anil Patil and Ajay Kaskar have signed as witnesses of the transaction. The title was verified by the Advocate. It was also indicated that the notice was published in the newspaper. 3.
Learned counsel for the applicant submitted that the applicant is a genuine purchaser. The only mistake committed by her is that, the plot was purchased for a lower consideration. She was not aware that the original owner is being impersonated by the other accused. The applicant had parted an amount of Rs.1,40,000/- to the impersonator as brokerage. The applicant had also paid Rs.83,000/- to the agent. The Advocate who had produced the Title Verification Report, was granted anticipatory bail.
4.
Learned APP submitted that the original owner is impersonated by the accused and the document of Sale Deed was executed.
5.
The applicant is a lady. She is in custody from the date of arrest from 23rd July, 2022. The charge-sheet is filed. It appears that she had parted some amount towards the consideration and also towards the brokerage to the agent. Further detention of the applicant is not necessary, bail can be granted. Hence, the following order:
ORDER
i.
Criminal Bail Application No. 2693 of 2022 is allowed; ii.
The applicant is directed to be released on bail in connection with F.I.R. No. I-184 of 2022, registered with Mumbai Naka Police Station, Nashik on executing P. R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;
iii.
The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of surety.
iv.
The applicant shall attend concerned Police Station once in three months on first Saturday of the month between
11:00 a.m. to 1:00 p.m. till further orders ; v.
Application stands disposed off accordingly.
(PRAKASH D. NAIK, J.)