Shivanand Baburao Chinchansure v. The State Of Maharashtra
2025:BHC-AUG:24864
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 955 ANTICIPATORY BAIL APPLICATION NO. 908 OF 2025 Shivanand Baburao Chinchansure, Age: 67 years, Occu: Agril., R/o.: Kasar Shirsi, Tal. Nilanga ....Applicant
VERSUS
The State of Maharashtra .....Respondent .....
Ms. M. S. Mhase, Advocate for the Applicant Mr. S. K. Shirse, APP for the Respondent - State Mr. Patil Indrale Anand Vinayakrao, Advocate for the Informant .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
16.09.2025 PER COURT :
1.
The learned Advocate for the Applicant is allowed to correct the name of the Applicant in the synopsis. 2.
Heard the learned Advocate for the Applicant, learned APP for the Respondent - State and the learned Advocate for the Informant.
3.
The Crime bearing No.0082/2025 came to be registered with Kasarshirshi Police Station, District Latur, against the Applicant and two [02] others, for the offence punishable under Sections 420, 418, 419, 463, 464, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 [for short 'IPC']. The Applicant is apprehending arrest in the said Crime, and therefore, he has filed this Application for Anticipatory Bail.
4.
The aforesaid Crime is registered by the Nephew of the Applicant. According to the Informant, they have ancestral agricultural land, and the Applicant by preparing a false consent letter of the Informant's mother, Informant's sister and the Informant, mutated half of the agricultural land in his name.
5.
The accusation against the Applicant is that, he has prepared a forged consent letter to transfer the agricultural land in his name. It is not in dispute that, the Applicant has filed a Civil Suit against the first informant bearing No.404/2023 for declaration and injunction on the basis of the said consent agreement. According to the learned Advocate for the Applicant, the Informant has not caused appearance in the said Civil Suit, and therefore, exparte temporary injunction is granted in his favour. It is the specific contention of the Applicant that, the original consent letter is in the possession of the first Informant. The concerned Revenue Authorities, on the objection raised by the Informant, have cancelled the mutation entries.
The order of the Revenue OfÏcer speaks of legal opinion by their legal consultant that, a Civil Dispute was pending with the Civil Court, and therefore, the proceedings be kept in abeyance. Considering that the offence is based on the documents and the Civil Suit is pending before concerned Civil Court on the basis of the very same documents, the investigation is possible without custodial interrogation of the Applicant, and therefore, I am inclined to allow the Application.
ORDER
[I] The Anticipatory Bail Application is hereby allowed. [II] In the event of arrest of the Applicant, namely, Shivanand Baburao Chinchansure, in connection with Crime No.0082/2025,
registered with Kasarshirshi Police Station, District Latur, for the offence punishable under Sections 420, 418, 419, 463, 464, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860, he be released on bail on his furnishing P.B. of Rs.15,000/- [Rupees Fifteen Thousand] with one surety in the like amount, on the following conditions :
[a] The Applicant shall attend the concerned Police Station as and when called by the Investigating OfÏcer.
[b] The Applicant shall co-operate with the Investigating OfÏcer.
[III] Anticipatory Bail Application stands disposed off accordingly.
[NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 16/09/2025 20:09:12