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Bombay High CourtABA/875/2019allowed

Sanjay Vasantrao Wankhade And Another v. The State Of Mah. Thr. Pso Ps , City Kotwali, Akola

2020-01-14Hon'Ble Shri Justice V.M. Deshpande2 pages

ABA 875-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 875/2019 Sanjay S/o Vasantrao Wankhade and others Vs. State of Maharashtra through P.S.O. P.S. City Kotwali, Akola, Tq. and Dist. Akola. _______________________________________________________________________ Office Notes, Office Memornada of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S.K. Wankhede, learned counsel for applicant. Shri M.K. Pathan, learned Additional Public Prosecutor for non applicant/State CORAM : V. M. DESHPANDE, J.

DATED : 14 th JANUARY , 2020 Heard Shri S.K. Wankhede, learned counsel for applicant and Shri M.K. Pathan, learned Additional Public Prosecutor for non applicant-State. Also perused the reply. The applicants are apprehending their arrest in connection with Crime No.252/2019 dated 04.09.2019 registered with Police Station, City Kotwali, Akola for an offence punishable under Sections 419, 420, 465, 466, 467, 468, 471, 474, 477-A of the Indian Penal Code (IPC). Complainant filed an application under Section 156(3) of the Code of Criminal Procedure in the Court of learned Judicial Magistrate First Class, Akola, who passed the order. Consequent to the said, the offence is registered against the applicants and others. The allegation is that accused Sandip Tayade executed a sale deed on 24.07.2017 in his favour from one Hansraj Shivram Meshram though, he had already expired on 04.02.2015. The allegation against the present applicants is that they are the witnesses to the

ABA 875-19.odt said sale deed. It is revealed to the Court that said Sandip Tayade is already arrested. There is nothing in the reply to show that present applicants who signed as the witnesses on the sale deed were knowing that Hansraj Meshram has expired and the person who is executing the sale deed is not Hansraj Meshram.

In that view of the matter I pass the following order:

ORDER

1) The application is allowed.

2) In the event of arrest in connection with Crime No. 252/2019 dated 04.09.2019 registered with Police Station, City Kotwali, Akola for an offence punishable under Sections 419, 420, 465, 466, 467, 468, 471, 474, 477-A of Indian Penal Code, applicant no.1-Sanjay Vasantrao Wankhade and applicant no.2-Santosh Yadavrao Chakre, be released on bail on they executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

3) The applicants are directed to attend police station, City Kotwali, Akola twice a week i.e. on every Monday and Saturday and shall be with investigating officer from 11.00 a.m. to 05.00 p.m. till the charge-sheet is filed. The application is disposed of.

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