Raunak Rajnikant Patil v. The State Of Maharashtra

jsn ABA No.1452_2015

IN THE HIGH COURT OF JUDICATURE, AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1452 OF 2015 Mr. Raunak Rajnikant Patil ...

Applicant Vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Surel Shah, Adv. i/b. V H Pawar, Adv. for applicant. Mrs. R V Newton, APP for State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 30 th November, 2015.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.1 of 2014 registered at Kurlap Police Station, Sangli for the offences punishable under Sections 191, 192, 199, 200A, 415, 416, 420, 441, 463, 464, 470, 471 r/w.34 of IPC and 81 and 82 of the Registration Act. 2.

Heard the learned counsel Mr. Shah for the applicant and the learned APP for the State. I have perused the FIR and considered the submissions advanced by the learned counsels for the respective parties.

3.

The records prima facie reveal that by deed of sale deed dated 3rd May, 2012, the applicant herein had purchased from one Sitabai Raghunath Kulkarni Gut No.614 at village Itakare, Tal Walwa, Dist. Sangli for price of Rs.15 lacs. The respondent No.2 had lodged a complaint that he had acquired title to said property by adverse possession. He had alleged that the sale deed has been executed by impersonating the said Sitabai Kulkarni.

jsn ABA No.1452_2015 4.

The records prima facie reveal that said Sitabai has not raised any grievance against the applicants and has not lodged any complaint against applicant herein. The question whether the complainant has acquired title to the property by adverse possession is an issue which will have to be adjudicated before the appropriate competent forum. Considering this fact, in my considered view this is not a case which would justify custodial interrogation. The applicant is the permanent resident of village Kurlap, Dist. Sangli and there are no chances of his absconding or fleeing away from justice. 5.

Under the circumstances and in view of the discussion supra, the application is allowed on following terms:

1. In the event of arrest of the applicant in Crime No.1 of 2014 registered at Kurlap Police Station, Sangli for the offences punishable under Sections 191, 192, 199, 200A, 415, 416, 420, 441, 463, 464, 470, 471 r/w.34 of IPC and 81 and 82 of the Registration Act the applicant shall be released on bail bond of Rs.15,000/( Rupees Fifteen Thousand Only) each with one or two sureties in the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Islampur, Sangli.

2. The applicants shall report to the investigating officer for 7 days and further as and when required by the investigating officer for the purpose of the interrogation.

3. The applicants shall not leave village Kurlap, Dist. Sangli without prior permission of JMFC, Islampur.

( ANUJA PRABHUDESSAI, J. )