Mahendra Pratapsing Rajput v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1803 OF 2024 Mahendra Pratapsing Rajput

VERSUS

The State Of Maharashtra Mr. N. L. Chaudhari, Advocate for the applicant Mrs. P. V. Diggikar, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 22nd OCTOBER, 2024 PER COURT :- 1.

Heard.

2.

Issue notice to the respondent, returnable on 21st November, 2024.

3.

Learned APP waives service of notice on behalf of the respondent/State.

4.

Learned counsel for the applicant submits that applicant is the bonafide purchaser of the property in question. He relied upon copy of the sale deed which indicates that the entire consideration was paid by cheque to the vendor. It is his further submission that there was a correction deed executed between the parties, which is executed online. It is his submission that the alleged victim is the

brother of the informant who had filed Special Civil Suit bearing no. 63 of 2024 for cancellation of sale deed. It is his further submission that thereafter the original owner died and now his brother has lodged first information report. Thus, it is his contention that this could be a case of false implication. This Court finds substance in the contention of the learned counsel for the applicant that this could be a civil dispute and the colour of criminal case is being given it.

5.

Having regard to the afore stated facts, liberty of the applicant is protected till the prosecution is heard in the matter. Hence, the following order:

ORDER

(i) Till the next date, in the event of arrest of applicant in connection with Crime No. 83/2024, registered with Jalgaon City Police Station, Dist. Jalgaon for the offence punishable under Sections 420, 465, 467, 468, 471, 447, 192 r/w 34 of the Indian Penal Code, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.

(ii) He shall attend the concerned police station once in a week.

(iii) He shall not contact the witnesses directly or

indirectly.

(iv) He shall not interfere with the evidence in any manner whatsoever.

(v) He is further directed to cooperate the investigating agency for further investigation.

(vi) Learned APP to communicate this order forthwith to concerned police station.

(R. M. JOSHI, J.) ssp