Seema Bharat Salunkhe v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1438 OF 2024 Seema Bharat Salunkhe ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Rananaware Dhananjay for the Applicant.
Mr. Tanveer G. Khan, APP for Respondent-State. Mr. S. C. Khade, Head Constable, Satana City Police Station. ****** CORAM: MANISH PITALE, J.
DATE : 7th OCTOBER 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for the respondent-State.
2.
In this application, on 11th June 2024, this Court had granted interim order in favour of the applicant. While granting the interim relief, this Court had observed as follows : "9.
This Court has considered the material on record. The FIR has been registered at the behest of a Senior Clerk in the office of the Sub Registrar, pursuant to an enquiry conducted by the office of the Sub Registrar into allegations leveled in respect of a map annexed to the registered Sale Deed executed in favour of the applicant. The material placed on record on behalf of the applicant does indicate that the complainants, or at least one of them, is indeed having a long standing civil litigation and dispute with the applicant and her family. It is also evident that the disputing parties are related to each other. To that extent, the trigger point for lodging of BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.10.07 18:38:11 +0530
complaint leading to initiation of enquiry by the office of the Sub Registrar is clouded by the backdrop of the civil litigation between the complainant and the applicant.
10.
The statement leading to registration of the FIR dated 19th March, 2024, shows that during the course of enquiry in the office of the Sub Registrar it is recorded that the said alleged fabricated map was handed over by the co-accused to the applicant. It is on the basis of the said map and the Power of Attorney executed by the co-accused in favour of the applicant that the registered Sale Deed was executed. 11.
The statement of co-accused during the course of enquiry before the Sub Registrar acknowledges the fact that the entire consideration was indeed paid by the applicant. It is also stated that the Power of Attorney was executed in favour of the applicant as the co-accused person is a senior citizen suffering from health issues.
12.
The applicant is a lady, who is having roots in the society. It does not appear that she has any criminal antecedents and she appears to have executed the registered Sale Deed on the strength of the registered Power of Attorney, copy of which is placed on record. As regards cooperation with the investigation, appropriate directions can be issued. But, this Court at this stage is convinced that the applicant has indeed made out her case for granting interim protection, subject to co-operation with the investigation." 3.
This Court is informed that after the aforesaid interim order was passed, the applicant has cooperated with the investigation. 4.
She stated that the original map, which is alleged to be forged, was in possession of the deceased/accused. 5.
Considering the aforesaid facts and also because the reasons recorded in the above quoted portion of the interim order, hold good, even today, this Court is inclined to confirm the interim
order and to allow the application.
6.
Accordingly, the interim order dated 11th June 2024 is confirmed and the application is allowed, subject to the applicant continue to cooperate with the investigation. She shall not influence the informant, witnesses or any person concerned with the case and she shall not tamper with the evidence. 7.
The application is disposed of.
MANISH PITALE, J.