Dhirajkumar Surendra Sethiya v. State Of Maharashtra

by ANANT KRISHNA NAIK Date:

2024.10.29 19:42:33 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2951 OF 2024 Dhirajkumar Surendra Sethiya ... Applicant

Versus

The State of Maharashtra ... Respondent ****** Mr. Prajakt M. Arjunwadkar a/w. Mr. Raj S. Satam for the Applicant. Mr. Ashok S. Aawai APP for Respondent-State.

**** CORAM :

M. M. SATHAYE, J.

DATED :

29 OCTOBER 2024 (Vacation Court) P.C.:

1.

This is an Application for pre-arrest bail by the Applicant/Accused in connection with C. R. No. 664 of 2024 registered with Chakan Police Station, District - Pimpri Chinchwad for the offence punishable u/s. 419, 420, 465, 467, 468, 471 r/w. 34 of the Indian Penal Code. 2.

Heard learned Counsel for the Applicant/Accused No. 2 and the learned APP for the Respondent-State.

3.

Perused the FIR dated 21/09/2024 filed by the Complainant - Ananda Damu Bhosale. It is the case of the Complainant that the Applicant forged the document of informant's identity and the informant was not present when the alleged document was executed and he was falsely shown as present as consenting party.

4.

Learned Counsel for the Applicant has invited this Court's attention to 1/3

the agreement to sell from which it can be made out that the Complainant's brother - Govind has sold the undivided share to the Applicant. It is submitted that apart from the complainant, there is one more real brother - Vithoba who was also consenting party, against whom no allegations are made. He submitted that considering that the transaction has taken place under a registered document and that the necessary permission dated 10/08/2022 under the applicable Vatan Abolition Act was obtained, case is made out for grant of pre-arrest bail.

5.

I have perused the order dated 15/10/2024 by which the pre-arrest bail was rejected by the Additional Sessions Judge, Khed-Rajgurunagar, Pune. From the order it appears that there are no antecedents involved. 6.

Learned Counsel for the Applicant submits that the Applicant is ready to abide by the conditions as may be imposed by the Court. Hence, the following ad-interim order is passed:

(a) In the event of arrest of the Applicant - Dhirajkumar Surendra Sethiya, in connection with C. R. No. 664 of 2024 registered with Chakan Police Station, he be released on bail on execution of P.R. Bond of Rs.25,000/- with one or more surety in the like amount.

(b) The Applicant is directed not to tamper with the prosecution evidence and not to influence the witnesses involved.

(c) The Applicant is directed to co-operate with the investigation and also directed to report to the concerned police 2/3

station, as and when called.

5.

Place the above matter before the regular Court on 25/11/2024 for further hearing.

6.

order.

(M. M. SATHAYE, J.) 3/3