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Bombay High CourtABA/620/2019allowed

Yuvraj S/O Deorao Meshram v. The State Of Mah., Thr. Pso Ps Parsioni Dist Nagpur Rural Nagpur

2019-09-30Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.620/2019 Yuvraj s/o Deorao Meshram ..VS..

The State OF Mah., thr. PSO PS Parsioni, District Nagpur Rural, Nagpur ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri B.W.Patil, Counsel for the Applicant.

Shri S.M.Ghodeswar, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : SEPTEMBER 30, 2019.

1.

Heard learned counsel Shri B.W.Patil for the applicant and learned Additional Public Prosecutor Shri S.M.Ghodeswar for the State.

2.

The applicant is apprehending his arrest in connection with Crime No.294/2019 registered with Parsioni Police Station, Tahsil Parsioni, District Nagpur for offences under Sections 467, 468, 471, 420, and 120B of the Indian Penal Code. 3.

As per reply filed on behalf of the State, Surendra Meshram lodged a report stating that he has settled at Pune and is having ancestral property at village Itgaon, Tahsil Parsioni, District Nagpur. As per the reply, his real brothers shown him as dead person and mutated his ancestral property in their names. 4.

According to the reply, applicant is cousin of first informant Surendra and purchased property from his real brothers. Reply is totally silent that at the time of purchasing of ancestral property, he was aware about .....2/-

any alleged fraud committed by vendors.

5.

On 11.9.2019, this Court granted ad interim protection in favour of the present applicant with condition that the applicant shall attend the police station from 16.9.2019 to 21.9.2019 and shall be with Investigating Officer from 11:00 a.m. to 5:00 p.m.. Learned counsel Shri B.W.Patil for the applicant, submitted accordingly the applicant attended the police station. Upon instructions received form Investigating Officer, the said statement is not disputed by learned Additional Public Prosecutor Shri S.M.Ghodeswar for the State. Learned Additional Public Prosecutor, submitted that statement of the applicant is also recorded. 6.

Looking to fact that the applicant is a bona fide purchase, in my view, the applicant is entitled to be released on bail. Consequently, I pass following order:

ORDER

(a) The criminal application is allowed.

(b) In the event of arrest of applicant-Yuvraj s/o Deorao Meshram, in connection with Crime No.294/2019 registered with Parsioni Police Station, Tahsil Parsioni, District Nagpur for offences under Sections 467, 468, 471, 420, and 120-B of the Indian Penal Code, the applicant be released on bail on he executing a P.R.Bond in the sum of Rs.10,000/- with one solvent surety of the like amount.

(c) The applicant shall attend the police station once in a week i.e. on every Saturday and shall be with Investigating Officer from 3:00 p.m. to 5:00 p.m., till .....3/-

filing of chargesheet.

(d) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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