Dnyanoba S/O Vithoba Gaikwad v. The State Of Maharashtra And ANR

Cri. Appln. No. 268/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 268 OF 2015 WITH CRIMINAL APPLICATION NO. 694 OF 2015 Madhavrao s/o. Namdevrao Dalvi ....Applicant.

Versus

The State of Maharashtra ....Respondents.

Mr. A.C. Deshpande, Advocate for applicant.

Mr. R.P. Phatke, APP for State.

Mr. S.S. Gangakhedkar, Advocate for assisting APP. CORAM : T.V. NALAWADE, J.

DATED : 13th February, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

There are allegations against present applicant that by impersonification, he posed himself to be owner of the property and he sold the property by executing bogus sale deed. The consideration amount was Rs. 2.75 lakh. This amount was received by him. Due to this sale deed executed by the present applicant, the complainant and others are also cheated and legal complications are also created. For that, everybody will be

Cri. Appln. No. 268/15 required to go to civil court. In view of nature of allegations and the fact that he has been behind bars since 27.12.2014, this Court holds that subject to some conditions bail can be granted to the applicant. This Court had observed something in the order dated 2.2.2015 and the learned counsel for the applicant submits that time of three weeks be given for depositing the amount. He needs to deposit the amount first in the Court. In the result, the following order.

O R D E R

(I) The application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 30,000/- (Rupees thirty thousand) with one solvent surety of like amount. He is to deposit Rs. 2,75,000/- (Rupees two lakh seventy five thousand) first in the crime registered against him and that amount is to be accepted as a stolen property. He is not to tamper with the prosecution witnesses. He is not to commit the similar offence.

(II) Criminal Application No. 694/2015 filed for permission to assist the learned APP is allowed and disposed of. [ T.V. NALAWADE, J. ] ssc/