Gajanan Shankarrao Vitale v. State Of Maharashtra, Thr. P.S.O. P.S. Hinganghat, Wardha

1 1509aba504.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 504 OF 2016 (Gajanan Shankarrao Vitale Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. S. Joshi, Advocate for the applicant. Shri T. A. Mirza, A.P.P. for the State.

Shri S. K. Bhoyar, Advocate for the intervenor-complainant. CORAM : S. B. SHUKRE, J.

DATED : SEPEMBER 15, 2016 Heard learned Counsel for the applicants and learned A.P.P. for the State., assisted by learned Counsel for the complainant. The core of the allegation is that a Bhudan land, not transferable without due permission, has been sold by one Manoj Kuthe to the complainant. The further allegation is that Manoj Kuthe had purchased this land from the original beneficiary under the Bhudan land allotment scheme and as soon as Manoj Kuthe learnt that the transaction of transfer of land was going to be cancelled by the revenue Authority, without disclosing this fact, he sold this land to the complainant.

So far as the present applicant is concerned, his role has been confined to his acting as a witness to the disputed transaction and nothing more. There are no circumstances available on record from which any knowledge regarding non transferability of the land could be attributed to this applicant. In these circumstances, I find no reason to deny the relief of anticipatory bail to this applicant. Hence, the order.

The application is allowed and the interim bail granted to the applicants on 11/8/2016 is hereby confirmed on the same conditions.

JUDGE wwl

2 1509aba504.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 16/9/2016