Prashant Madhukar Kulkarni v. The State Of Maharashtra

2024:BHC-AUG:1789 1 43-ABA-1714-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1714 OF 2023 PRASHANT MADHUKAR KULKARNI

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Suvidh S. Kulkarni, Advocate for Applicant Ms. U.S. Bhosale, APP for Respondent - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 29th JANUARY, 2024 PER COURT :

1.

Applicant apprehends arrest in Crime No.119/2023, registered with Taluka Jalna Police Station, Jalna, for offence punishable under Sections 420, 466, 468, 471 r/w 34 of the Indian Penal Code.

2.

FIR is lodged by Kalpana Ramniwas Gaud, alleging that she had purchased Plot No.20 from Survey No.469, from Mohd. Abdul Naim, partner of Gajanan Plots and Housing Sales Corporation, by registered sale deed No.870/1993. When she applied for P.R. Card in the year 2016 it was found that upto year 2015 name of Gajanan Plots was recorded but thereafter name of applicant Prashant Kulkarni was recorded as owner of the said plot vide mutation entry dated 25/04/2019. Thereafter, name of applicant was removed and name of Siddiqui Zarinabegum was included on the basis of partition deed. As such, during the period from 17/10/2015 to 30/06/2012 accused Prashant Kulkarni, Siddiqui SVH

2 43-ABA-1714-23.odt Zarinabegum, Mohd. Abdul Naim, the then OfÏcer of Land Records Department and Prem Kishor Peshwani have committed offence under Sections 420, 466, 468, 471 r/w 34 of the I.P.C. 3.

Heard learned advocate for applicant and learned Additional Public Prosecutor for State. Perused the investigation papers.

4.

It appears from record that applicant's name was mentioned on P.R. Card at the instance of co-accused and subsequently the same was removed. Applicant claims that he is innocent and he does not know as to how his name was mentioned as owner of the said plot.

5.

Perusal of investigation papers do not make out any active participation of applicant in the alleged crime. Offence is registered in the month of March, 2023 and investigation appears to be almost over. Applicant has co-operated in the investigation and nothing is to be recovered from him.

6.

Application is, therefore, allowed by confirming interim protection granted to applicant vide order dated 13th October, 2023. (NITIN B. SURYAWANSHI, J.) SVH