Daliram S/O Udaylal Sharnagat v. The State Of Mah. Thr. Pso Ps Wathoda Nagpur

7aba757.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 757 OF 2022 Daliram s/o Udaylal Sharnagat .Vs. State of Maharashtra, through P.S.O., P.S. Wathoda, Nagpur.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Shiba Thakur a/w Shri S.P. Sonwane, Advocate for the applicant. Shri V.A.Thakre, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 07/12/2022 1.

Heard.

2.

The applicant is seeking interim bail in connection with Crime No. 387 of 2022 registered with Police Station, Wathoda, District Nagpur for the offences punishable under Sections 420 and 406 of the Indian Penal Code. 3.

In this case, the prosecution story is that, the husband of the complainant Wamanrao Saratkar purchased a plot from the present applicant by registered sale deed for the year 2017 bearing Plot No. 19 at Mouza Tarodi, P.H. No. 33, Gram Panchayat Tarodi, Tq. Kampthi, District Nagpur out of Kh. No.28/3. In spite of the execution of sale-deed present applicant again sold the same plot to Ranjana Vijay Borkar by registered sale-deed in the year 2020 and received amount of Rs. 90,000/- from Mr Borkar. Thus, the present applicant even though sold the plot to the husband of the complainant again re-sold the plot to Ranjana Borkar. rkn

7aba757.2022.odt 4.

The learned counsel for the applicant has made a statement that the applicant has deposited Rs. 1,00,000/- in the Registry of this Court to show his bonafide. In the circumstances, considering the nature of allegations and the fact that, all the relevant documents have already been seized and recovered by the prosecution, I am of the opinion that the custodial interrogation of the applicant is not necessary. Accordingly, I pass the following order: a) The criminal application is allowed.

b) The order granting ad-interim anticipatory bail dated 30/11/2022, is hereby confirmed.

c) The applicant shall attend the concerned Police Station as and when his presence is required. JUDGE rkn