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Bombay High CourtAPPLN/3152/2017disposed off

Devikabai W/O. Dayalsing Thakur v. The State Of Maharashtra

2017-07-24Hon'Ble Shri Justice K.L. Wadane2 pages

1 CrApln 3152 17antir.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3152 OF 2017 Devkibai w/o Dayalsing Thakur, Age 76 years, Occ. Household, R/o. Gandipur, Nanded, Tq. & Dist. Nanded ... Applicant

VERSUS

The State of Maharashtra, Through : Police Inspector, Police Station Vimantal Nanded Tq. & Dist. Nanded.

... Respondent Mr. A.R. Gaikwad, Advocate for the applicant Mr. S.B. Joshi, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

24th JULY, 2017 ORDER:

1.

Heard Mr. Gaikwad, learned advocate appearing for the applicant and Mr. Joshi, learned A.P.P. appearing for the respondent-State.

2.

On 16.03.2017 the complainant filed complaint alleging therein that he is a member of Nandigram Society and used to pay all Municipal taxes relating to plot No. 59. The property registration card is

2 CrApln 3152 17antir.odt also in his name. His father owns plot No. 60. On 15.12.2012 there was amalgamation of two plots no. 59 and 60. The applicant and her son Omsing Thakur by posing themselves to be the owner of plot No. 59 executed a false and bogus sale-deed.

3.

Perused the papers of investigation, particularly, property registration card, from which it appears that this property registration card is belonging to the complainant. Furthermore from the record it appears that, the applicant is not member of the Nandigram Co.Operative Housing Society Ltd. Nanded, still the applicant and her son have executed sale-deed. Apart from fact that the name of the husband of the applicant was not encircled. 4.

In such circumstances, it appears that, the applicant and her son executed a false sale-deed. Therefore, they are not entitled for anticipatory bail. Hence, application is rejected.

(K. L. WADANE, J.) mkd/-