Shantabai Wd/O. Sitaram Patil v. Kailas Raosaheb Patil And Another

919-ABA-1055-22 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1055 OF 2022 WITH APPLN/2836/2022 IN ABA/1055/2022 KAILAS RAOSAHEB PATIL

VERSUS

THE STATE OF MAHARASHTRA Mr. A. S. Sawant, Advocate for applicant;

Mr. K. S. Patil, A.P.P. for respondent;

Mr. V. H. Dighe, Advocate for complainant CORAM : S. G. MEHARE, J.

DATE : 30th September, 2022 P.C.

1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and the learned counsel for the complainant. 2.

A legal document was executed in favour of the applicant in the year 2015 by the deceased husband of the complainant. A legal document is in existence. However, the allegations have been levelled that some amount from the account of the complainant was withdrawn by the applicant.

3.

The learned counsel for the applicant has deposited the alleged amount with the police station. The sale deed is a valid document. If the complainant has any grievance that it is a forged and bogus sale deed, legal remedy before the Civil Court is available. A statement

919-ABA-1055-22 (2) has been made by the learned counsel for the complainant that still the complainant is residing in the same house. 4.

In view of the facts of the case, the complainant has a good case for anticipatory bail. Hence, the following order:- i) The application is allowed.

ii) The interim protection granted to the applicant by order dated 11.08.2022 is confirmed on the same terms and conditions. iii) Criminal Application No. 2836 of 2022 is allowed. (S. G. MEHARE, J.) amj