Vijay Vilas Mane v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1280 OF 2021 Vijay Vilas Mane .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Umesh Hanmantrao Pawar for the applicant. Mrs.Rutuja Ambekar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 24th AUGUST, 2021 P.C:- The applicant is already admitted to interim protection in the wake of the prima facie observations being made in the order dated 21st June 2021.

The applicant was directed to co-operate with the investigation, and the learned APP today makes a statement that as far as the allegations in the complaint about the Gift Deed being executed in favour of his own wife, which mention 5 gunthas of the land which has been purchased by him vide registered Sale Deed dated 1st June 2015, the learned APP fairly concede that he has rectified the mistake in the Gift Deed and Gift Deed is now restricted to 1.19 Hectares in Survey No.377/2. Tilak

2/2 23 ABA 1280-21.doc Learned counsel for the applicant has clarified that this rectification was executed prior to filing of the FIR. As far as the other allegations in the complaint are concerned, since the Sale deed which is a registered one, record the consideration of the land (which has been produced by the present applicant) to be Rs.7,20,000/-. The allegation of the complainant that the agreed price was Rs.21,50,000/- cannot be a matter of investigation by the police in the face of the registered document.

In such circumstances, interim protection granted in favour of the applicant deserve a confirmation since the submission of the learned APP is that he has co-operated with the investigation, which is now complete.

The order dated 21st June 2021 is made absolute in the aforesaid terms with a stipulation that the applicant shall continue to render his co-operation till the investigation is concluded.

SMT. BHARATI DANGRE, J Tilak