Hanmantrao Nivrutti Karmale v. The State Of Maharashtra And Another

ABA.282.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.282 OF 2023 Hanmantrao s/o. Nivrutti Karmale ..Applicant Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.V.D.Gunale, Advocate for applicant Ms.R.P.Gaur, APP for respondents ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 13, 2023 ORDER :- Heard.

2.

The applicant is 76 years of age. His son is a public servant, i.e. Talathi. The crime has been registered for acquiring disproportionate asset by the applicant's son to his known source of income.

3.

According to learned APP, a forged receipt of sale of cotton was produced by the applicant to save his son and to show that the house was constructed out of money earned by the present applicant by sale of agriculture produce. The Investigating Officer recorded statement of the concerned person, who disowned to have purchased cotton from the present applicant.

ABA.282.2023 4.

The house property which is alleged to have been acquired i.e. out of disproportionate assets can very will be attached by the Investigating Officer, may be subject to claim of title that may be raised by the present applicant.

5.

Considering the nature of the offence and the age of the applicant, this Court finds that custodial interrogation of the applicant is not required. The order dated 09.03.2023 granting interim relief is made absolute. The application is allowed and disposed of accordingly.

[R.G. AVACHAT, J.] KBP