Sanjay Madhukar Swami v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 384 OF 2022 Sanjay Madhukar Swami ...
Applicant V/s.
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 2271 OF 2022 Vaibhav Prakash Swami ...
Applicant V/s.
The State of Maharashtra & Anr.
...
Respondents Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.06.21 15:20:39 +0530 VARSHA DEEPAK GAIKWAD ------------------- Mr. Shamaah Kazi h/f s. Aradhna Singh, for the Applicant in ABA. Mr. Umesh Mankapure with Ms. Bhavika Shinde, for the intervenor. Mrs. Veera Shinde, APP, for the Respondent/State. ---------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
20TH JUNE, 2024.
PC:
1.
Heard.
2.
By this application under Section 438 of the Code of Criminal Procedure the applicant is seeking pre-arrest bail in Crime No.146 of 2020, registered with Kupwad M.I.D.C. Police Station for the offences punishable under Sections 420, 464, 468, 417 r/w 34 of the
Indian Penal Code, 1860 (for short, 'IPC').
3.
The allegations are that by forging the mutation entry the applicant executed an agreement in favour of the informant in relation to the property in question.
4.
This Court considering the allegations made in the FIR granted ad-interim protection to the applicant vide order dated 23rd February 2022 and as such the applicant is on bail from last 2 and 1⁄2 years.
5.
The learned APP and the learned counsel for the informant strongly oppose the present application on the ground that the applicant executed an agreement by misrepresenting the informant that the property belonging to the trust. It is submitted that he forged the revenue record more specifically the mutation entry. 6.
From the record, it is evident that there is no sale deed executed by the applicant and the complaint was lodged after execution of the agreement to sale.
7.
Thus, considering the nature of the allegations and disputes, I am of the opinion that the custody of the applicant is not necessary and as such the interim protection granted by this Court vide order dated 23rd February 2022 needs to be confirmed. Accordingly, I pass the following order:
ORDER
i) The application is allowed.
ii) By way of ad-interim order, it is directed that in the event of arrest of the applicant in connection with Crime No.146 of 2020, registered with Kupwad M.I.D.C. Police Station for the offences punishable under Sections 420, 464, 468, 417 r/w 34 of the Indian Penal Code, 1860.
iii) The applicant shall be released on interim bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount; iv) The applicant shall attend the concerned Police Station as and when his presence is required.
(ANIL S. KILOR, J)