Vijay Sahebrao Saindane v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3384 OF 2017 Vijay Sahebrao Saindane Age 45 years, Occu: Service, R/o Plot No.100, Gulmohar Colony, Deopur, Dhule, Ta. & Dist.Dhule ... Applicant

VERSUS

The State of Maharashtra, Through Dhule Taluka Police Station, District Dhule.

... Respondent Mr. Amol S. Sawant, Advocate for the applicant Mr. K. N. Lokhande, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

25th July, 2017 ORDER:

1.

Heard Mr. Sawant, learned counsel for the applicant and Mr. Lokhande, learned APP for the State.

2.

On the basis of information given by one Pravin Dandwani, offence at Crime No. 11/2017 is registered with Dhule Taluka Police Station, Dist. Dhule for the offences punishable under Sections 420, 465, 467, 468, 471, 120(B) of the Indian Penal Code. The allegations of the prosecution are that the present applicant is Gram Sevak. At the relevant time of offence he had taken a fradulent entry in the proceeding though there was no resolution in 1/3

existence. It is further alleged that Sarpanch and other members of Grampanchayat have taken false resolution and thereby allotted land to Ramesh Choudhari and have issued construction permission to construct Hotel and thereby all of them have committed offence of forgery and cheating.

3.

Mr. Sawant, the learned counsel for the applicant points out from the contents of Panchanama that encroached construction of Ramesh choudhary was removed on 12.04.2017. It is further submitted that during the course of investigation, all the relevant papers and resolution file were seized by the Investigating officer and now nothing is to be recovered from the applicant.

4.

In view of the above, I am of the opinion that the applicant can be protected from his arrest. Hence following order:

O R D E R

i.

In the event of arrest of the applicant in connection with Crime No. 11/2017 is registered with Dhule Taluka Police Station, Dist. Dhule, he shall be released on bail on his executing P.R. 2/3

Bond of Rs. 15,000/- [Rs. Fifteen thousand only] each, with one solvent surety in the like amount. ii. Criminal application disposed of.

(K. L. WADANE, J.) JPC 3/3