Vasudev Eknath Patil v. The State Of Maharashtra And ANR.

Ethape 1 6-7-Appln.468-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 468 OF 2018 Vasudev Eknath Patil .. Applicant Vs.

1. The State Of Maharashtra

2. Ajit Madhukar Mirkute .. Respondents WITH CRIMINAL APPLICATION NO.472 OF 2018 Vasudev Eknath Patil .. Applicant Vs.

1. The State Of Maharashtra

2. Ajay Anant Patil .. Respondents ...

Mr.Ajit M. Savagave, Advocate for Applicant both the matters. Mrs. M.M. Deshmukh, A.P.P. for the State in Appln.No.468/2018.

Mr. R.M. Pethe, APP for State in Appln.No.472/2018. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 3rd SEPTEMBER, 2021 PC.

by DNYANESHWAR ASHOK ETHAPE Date:

2021.09.04 10:51:54 +0530 DNYANESHWAR ASHOK ETHAPE 1.

These are applications for cancellation of anticipatory bail granted to the respondent No.2 in both the applications vide orders dated 06.04.2018 and 28.06.2018 respectively passed by Sessions Court, Thane.

Ethape 2 6-7-Appln.468-2018 2.

The complainant had alleged that he is the resident of Desai Patilpada, Thane. The complainant and others have ancestral agricultural land bearing survey No.63/12, 63/06, 60/07 and 60/16 situated at village Mauje Desai, Thane. They had not sold the said land/property to anyone. However, in July-August 2008 there was sale transaction. In 2009-2010 on the basis of false power of attorney executed in 2008, the accused in furtherance of common intention had fabricated documents and executed the sale deed. Talathi mutated false entries. The FIR was lodged on 17.03.2018 with Shil-Diaghar Police station vide C.R. No.I-43 of 2018 for the offence under Sections 420, 467, 468, 471, 34 of IPC.

3.

The respondents/accused preferred an application for anticipatory bail which was allowed by order dated 06.04.2018 and 28.06.2018.

4.

The applicant had sought cancellation of aforesaid orders granting anticipatory bail. The learned counsel for the applicant however fairly submitted that the charge-sheet has been filed against the accused and the proceedings are pending before the concerned Court. It is submitted that the trial may be expedited. 5.

The impugned orders granting anticipatory bail were passed by assigning reasons. Investigation is completed and charge-sheet is filed. There is no reason to interfere in the

Ethape 3 6-7-Appln.468-2018 impugned orders.

ORDER

(i) Criminal Application Nos. 468 of 2018 and 472 of 2018 are rejected.

(ii) Trial is expedited.

(PRAKASH D. NAIK, J.)