Mohan Harishchandra Jagtap v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2025.03.28 11:43:11 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 797 OF 2025 Mohan Harishchandra Jagtap ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr.Kuldeep Patil a/w. Mr.Rohan Hogle, Mr.Sainath S. Garade, Mr.Yogesh A. S. i/b. Mr.Aadesh Konde Deshmukh for the Applicant. Mr. Nitin B. Patil, A.P.P. for the State.

Mr. A. S. Chorage, P.S.I., Saswad Police Station. CORAM : RAJESH S. PATIL, J.

DATE : 27th MARCH, 2025 P.C. :- The learned A.P.P. submits that there are three antecedents against the present applicant, out of which one is under the Maharashtra Money Lending (Regulation) Act, 2014. He submits that the value of the subject land on 7th December 2021 was around Rs.1 crore and not Rs.2,17,000/- as mentioned in the Sale Deed which has been fraudulently executed by the present applicant with the first informant. He submits that there are two more antecedents against

2/3 the present applicant wherein the offence under Section 498A of the Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 2012 has been added by the wife of the present applicant. He submits that within a period of 10 days, the Investigating Officer will submit the valuation report of the subject land as on 7th December, 2021.

2.

Mr.Patil, the learned counsel appearing for the applicant submits that the valuation of any land is normally done as per the ready reckoner. He submits that if there is registered sale deed, then the Court should not go beyond written registered document. He submits that there is no denial of receipt of payment by the first informant. 3.

Let this matter come up after two weeks by which date, the Investigating Officer can file a document to show that on 7th December 2021, the value of the subject land was around Rs.1 crore. 4.

The applicant is also directed to add the first informant as party respondent no.2. Amendment to be carried out forthwith. It is made clear that if the amendment is not carried out, the anticipatory bail application will stand dismissed without further reference to this Court.

5.

Learned A.P.P. to serve a copy of the present proceedings on the

3/3 respondent no.2/first informant through the Investigating Officer. 6.

The applicant is also permitted to serve the respondent no.2 by private service, by all permissible modes of service and file affidavit of service before the next date of the hearing.

7.

Stand over to 15th April, 2025. Matter to come up under the caption of 'Urgent Circulation'.

[RAJESH S. PATIL, J.]