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Bombay High CourtABA/1050/2024disposed off

Anil Ankush Rane v. State Of Maharashtra

2024-04-22Hon'Ble Shri Justice Manish Pitale4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION YUGANDHARA SHARAD PATIL Digitally signed by YUGANDHARA SHARAD PATIL Date:

2024.04.29 15:46:15 +0530 ANTICIPATORY BAIL APPLICATION NO. 1050 OF 2024 Anil Ankush Rane .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. A.B. Vagyani i/b Ms. Kanchan S. Chindarkar a/w Sanjay Rajane , for the applicant.

Ms. Mahalakshmi Ganapathy, APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 22st APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R No. 90 of 2024, registered at Khed Police Station, Ratnagiri, on 15/03/2024, under Sections 409, 420, 465, 466, 471, 467, 468 of the Indian Penal Code.

2.

Heard Mr. Vagyani , learned counsel for the Applicant and Ms. Ganapathy , learned APP for the Respondent-State. 3.

The FIR is lodged by one Snehal More. The allegations

are in two parts. The first part deals with the transactions in respect of Gat No. 410 and 466 in village Mhalunge, Taluka Khed, District Ratnagiri. It is her case that she has purchased those lands from the present Applicant for which she has paid Rs. 32,16,000/- The second part of allegation is in respect of the lands at village Aambavli, Gat No. 1752 (A to D). It is her case that the Applicant represented the informant that there were no legal heirs to ownership of those lands and that she would get those lands at a lesser price. There was no need for entry in the registration process for those lands. He showed one order purportedly passed by the Sub Divisional Officer, who was designated as the Land Acquisition Officer, Kokan Railway, mentioning that compensation of Rs. 2,17,02,357/- was payable to the informant. That letter was dated 16/03/2021. He had given 7/12 extracts. They were hand written. On inquiry it was found that those documents were forged and therefore the FIR is lodged.

4.

Learned counsel for the Applicant submitted that as far as Gat Nos. 410 and 466 at Mhalunge were concerned, the

Applicant has entered into the registered sale deed. The factum of execution of sale deed is mentioned in the FIR itself. Therefore there is no offence committed as far as that particular transaction is concerned. The other allegations about the other lands, on the face of them are false, because it would be difficult to believe that the informant would accept those documents when there was no previous transaction between the informant and Applicant or the informant or anybody else in respect of those particular lands. Learned counsel for the Applicant submitted that there is no proof that the Applicant had handed over those documents to her. 5.

Learned APP seeks time to respond those submissions. Therefore, today, I am adjourning the matter at her instances. However, learned counsel for the Applicant has made out a case for grant of ad interim relief. Hence the following order.

ORDER

(i) In the event of his arrest in connection with C.R No. 90 of 2024, registered at Khed Police Station, Ratnagiri, till the next date, the Applicant is directed to be

released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 20/06/2024.

(iii) The applicant shall attend the concerned Police Station on 8th, 9th and 10th May 2024 between 1.00 p.m. to 5.00 p.m. and thereafter as and when called and shall co-operate with the investigation.

(iv) Liberty to file additional affidavit.

(iv) Stand over to 20/06/2024.

(SARANG V. KOTWAL, J.)