Yunus Beg Mustafa Beg Mirza And Another v. The State Of Maharashtra
2024:BHC-AUG:27904
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 948 ANTICIPATORY BAIL APPLN. NO.1062 OF 2024 1] Yunus Beg s/o.Mustafa Beg Mirza 2] Syed Akhatar Syed Nabi.
.. APPLICANTS
VERSUS
The State of Maharashtra.
.. RESPONDENTS ...
WITH ANTICIPATORY BAIL APPLN.NO. 1068 OF 2024 1] Sayyad Khaisar s/o.Sayyad Akhtar 2] Tukaram s/o. Baburao Gaikwad .. APPLICANTS
VERSUS
The State of Maharashtra.
.. RESPONDENTS ...
WITH ANTICIPATORY BAIL APPLN. NO. 1110 OF 2024 1] Mohammad Moizoddin s/o. Mohammad Ziaoddin Kazi 2] Mohammad Babaroddin s/o. Mohammad Ziaoddin Kazi .. APPLICANTS
VERSUS
The State of Maharashtra.
.. RESPONDENTS WITH ANTICIPATORY BAIL APPLN.NO. 1222 OF 2024 Mohammad Sirajuddin s/o. Mohammad Ziaoddin Kazi .. APPLICANT
VERSUS
The State of Maharashtra.
.. RESPONDENTS ...
Advocate for the applicants : Mr.V.M.Maney APP for the respondent-State : Mr.B.B.Bhise ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 28.11.2024 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No. 342 of 2024, registered at Jintur Police Station, District Parbhani, for the offences punishable under sections 420, 468, 471 r/w. 34 of the Indian Penal Code.
3] The learned counsel for the applicants submits that this Court, by orders dated 05.07.2024, 10.07.2024 and 20.07.2024, has granted interim protection in favour of the applicants and the applicants co-operated with the investigation. It is the case of the complainant that the land is inam land and that the complainants are the Mutawali of the land and it is alleged that all the accused persons colluded with each others and have forged document i.e. agreement to sell and thereby received certain amount
under the said document. The alleged agreement to sell is a notarized document, is purported to be executed by the informant and the accused by impersonating the informant. The notarized document indicates that the possession of the property would be handed over after execution of the sale deed. Application for permission to sale is also made to the Collector. The applicants are the sellers, buyers and attesting witnesses.
4] The alleged document, which is said to be fabricated, is in possession of the Investigating Officer. There is no prima facie loss suffered by the informant. Thus, no further custodial interrogation of the applicants is necessary. In view of the same, the interim protection granted by orders dated 05.07.2024, 10.07.2024 and 20.07.2024 stands confirmed, on the following conditions: i] The applicants shall attend the concerned police station as and when called by the Investigating Officer.
ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
5] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.
6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
7] The applications stand disposed of.
[ARUN R. PEDNEKER] JUDGE DDC