Sandip Jagannath Patil v. The State Of Maharashtra And Another

4-WP-1182-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1182 OF 2023 Sandip Jagannath Patil ..PETITIONER

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. H.V. Tungar, Advocate for petitioner Mr. A.R. Kale, A.P.P. for respondents ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 16th OCTOBER, 2023 PER COURT :

1.

Heard.

2.

The challenge in this petition is to the communication issued by the investigating officer on 05th August, 2021 to the Sub-Registrar No.1, Dhule not to register any conveyance or any other transaction regarding immovable properties of the petitioner and his family members viz. Wife, mother and father as well. Earlier, this Court has observed that the investigating officer has no such authority and therefore, quashed the said order. It is informed that the petitioner owes Rs.25 lakhs to the informant. A crime has been registered against the petitioner for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. The 1 / 2

4-WP-1182-23.odt petitioner has applied for the bail. This Court, while granting the petitioner bail has directed to pay a sum of Rs.25 lakhs directly in the bank account of the informant. It is informed that Rs.4 lakhs have already been deposited and a sum of Rs.21 lakhs are outstanding. Learned A.P.P. is anxious to see the interest of the informant gets protected.

3.

Now, before us mother of the petitioner has filed her affidavitcum-surety bond. She placed one 7/12 extract indicating certain lands to be owned by her. She undertakes that if her son i.e. the petitioner failed to pay the amount of the informant, she would pay the same. In short, she submitted us the surety bond.

4.

In view of above, we accept the surety bond given by mother of the petitioner and allow the petition in terms of prayer clause [B]. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2