Anil Ankush Rane v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1050 OF 2024 Anil Ankush Rane ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Abhinandan Vagyani i/by Ms. Kanchan S. Chindarkar and Sanjay G. Ranjane for the Applicant.
Mr. Sagar R. Agarkar, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.
DATE : 14th NOVEMBER 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for the respondent-State.
2.
By order dated 22nd April 2024 passed by this Court (Coram: Sarang V. Kotwal, J.) interim relief was granted in favour of the applicant, subject to specific conditions, including a direction to remain present before the concerned Police Station on specific dates in May 2024 and thereafter, as and when called. 3.
At the outset, the learned counsel for the applicant makes a statement that the applicant abided by the aforesaid direction issued by this Court. He remained present before the concerned Police Station and that he has cooperated with the investigation. BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.14 18:34:43 +0530 The aforesaid statement is made on the instructions given by the
applicant, who is present in Court today.
4.
The learned APP submits that today, the Investigating Officer could not remain present.
5.
This Court while granting interim relief in favour of the applicant made the following observations :
"3.
The FIR is lodged by one Snehal More. The allegation 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." 6.
The aforesaid observations contain reasons that would inure to the benefit of the applicant, even for allowing the application, particularly because he appears to have cooperated with the investigation by abiding by the directions issued in the interim order.
7.
In view of the above, the application is allowed and the interim order dated 22nd April 2024 is made absolute. 8.
The applicant shall continue to cooperate with the investigation. He shall remain present before the Investigating Officer, as and when called. He shall not influence the informant, witnesses or any persons concerned with the case and he shall not tamper with the evidence.
MANISH PITALE, J.