Anil S/O Krishnakant Joshi v. State Of Maharashtra, Thr. P.S.O. P.S. Tumsar, Bhandara

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) 302 OF 2016 (Anil Krishnakant Joshi Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shyam Dewani, Advocate for the applicant. Shri S. S. Doifode, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 20 JULY, 2016 Heard learned Counsel for the applicant and learned A.P.P. for the State. Perused the first information report and the case diary.

It is seen from the statements of witnesses that Deepak Joshi is the ultimate beneficiary of the fraud committed in the case as the disputed property has been shown to be purchased by him. These statements also disclose that the impostor lady, who was presented before the Sub Registrar as a genuine person owning the plot, was brought by beneficiary Deepak Joshi. So far as the present applicant is concerned, it is seen from the statements of witnesses that his house was used for making the impostor lady to wear saree and pair of glasses. So, at the most, the role of this

applicant could be confined to aiding in committing the fraud. For such a role, I do not think, custodial interrogation of this applicant would be required. Even otherwise, this applicant, as submitted by the learned Counsel for him, has joined the investigation though there was no condition imposed by this Court while granting him the interim protection. The fact remains that he has attended the police station voluntarily and as rightly submitted by the learned Counsel for the applicant that it would show his bonafides in the matter. Therefore, in my view, this applicant is entitled to be given the relief of anticipatory bail. Hence, the order.

The application is allowed and it is directed that the interim protection granted to this applicant by this Court on 06/5/2016 is hereby confirmed on the same condition and in addition on the conditions that he shall attend the concerned police station as and when required and shall not tamper with the prosecution witnesses. JUDGE wwl

CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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