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MHCC020008472024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by SHRI S.N.PATIL)
BAIL APPLICATION NO. 125 OF 2024
Mr.Mohammed Fareed Usmani
Age 54 years, Occupation-Business
Residing at Tenement No.4164,
Matruchhaya CHS Ltd., Chawl No.346,
Group No.4, Tagore Nagar, Vikhroli(E),
Mumbai-400 083.

..Applicant/accused
V/s.
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
__________________________________________________________
Appearance:Ld.Adv. Ashish Dubey a/w adv. Ms.Shahnaaz Chougule for the
applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P.for the State/respondent.
______________________________________________________________
CORAM : SHRI S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 17/02/2024
ORAL ORDER
1. Applicant/accused has filed this bail application seeking
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regular bail under Section 439(1) of Code of Criminal
Procedure.
2. Perused the application and say. Heard both sides.
3. The case of the prosecution that informant-Ishwar Devshi,
who is a Sub-Registrar, Class 2, Kurla 5, filed a complaint
against the applicant/accused.

It is contended that the
complaint was received by the informant from one Nilofar
Kashif Usmani about the Gift deed executed
on
05/08/2022. During inquiry, it revealed that Smt.Shahana
Siddiqui(hereinafter deceased) expired on 16/07/2021 and
the deed was executed on 05/08/2022 along with
declaration. Nilofar has submitted the death certificate to
the office of informant.

On the basis of the power of
attorney given to the applicant/accused dated 24/03/2011,
applicant/accused
presented
the
document
regarding
tenement No.4164, Matruchaya Co-op Hsg. Society Chawl
No.346, group No.4, Tagore Nagar, Vikhroli East Mumbai
400
083
i.e.

deed
No.KRL-5/16021/2022
dated
05/08/2022 to the office of informant for registration. The
same was registered by Shri Prashant Dhotre, the Joint Sub
Registrar.

Under Section 32(c) of the Registration Act,
1908, the said document is executed on the basis of power
of attorney.

As per the circular of Inspector General
Registration and Controller of Stamps, State of Maharashtra
Pune dated 29/01/2007, if the deed has been filed in the
registry on the basis of power of attorney, the declaration in
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the prescribed form of the power of attorney must be
attached as part of deed. Affidavit to that effect that the
power of attorney has not been revoked by the person
writing the power of attorney or that none of the persons
writing the power of attorney has died. Applicant/accused
attached declaration dated 05/08/2022 regarding the
same. After verifying the same, since the date of death of
deceased is 16/07/2021, they verified that date, in the
declaration attached as Annexture, the Smt. Shahana
Siddiqui expired on 16/07/2021, at the time of registration
of this deed applicant defrauded the government by
submitting a false declaration statement of survival of
deceased.
4. On the basis of the said information containing the above
allegations, crime bearing No.150 of 2023 is registered at
Chembur Police Station for the offence punishable under
Section 420, 465, 466, 468, 471 of the Indian Penal Code
r.w. Sec.82 of the Indian Registration Act.
5. Applicant/accused prayed for bail on the grounds that he is
suffering
from
various
medical
ailments,
the
applicant/accused and deceased were residing in the said
tenement, the registration of the said document was
entrusted to the agents, applicant/accused is unable to
write or speak Marathi language, the applicant/accused
was not aware that a power of attorney becomes invalid
after the death of executant, he has inadvertently signed
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the said declaration, applicant/accused is in custody since
01/11/2023 and therefore prayed for bail. By making the
aforesaid
submissions,
Ld.

Counsel
appearing
for
applicant/accused prayed to release him on bail.
6. On the contrary, Ld. A.P.P. submitted that applicant/accused
has committed serious offence. If he is released on bail, he
will commit similar type of offence and pressurize the
witnesses, the applicant/accused is habitual offender. By
making these submissions, Ld. A.P.P. prayed to reject the bail
application.
7. Considered the submissions advanced on behalf of both
sides.

Ld. Counsel appearing for applicant/accused
vehemently argued that the sale deed is cancelled by
registered office. Power of attorney is in the custody of the
police. Investigation is completed. The medical treatment
is going on to the applicant/accused. By making these
submissions, Ld. Advocate appearing for applicant/accused
prayed to release him on bail.
8. Ld.

Counsel
appearing for
applicant/accused
placed
reliance upon the case of Raman Pillai Bhaskaren Nair
Sreekumar (R.B.Sreekumar) V/s State of Gujrat in Criminal
Misc. application No.21621 of 2022 dated 04/08/2023 and
Nishant Muttreja and ors V/s State of NCT of Delhi
MANU/DE/5485/2022.
I have gone through the said citations. However, the law
laid down therein, with greatest of respect, is not applicable
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to the case in hand and it is on different footing.
9. Ld.APP argued that applicant/accused is a habitual offender
and if he is released on bail, he may tamper with the
prosecution evidence.
10. Considered the submissions advanced on behalf of both
sides. The applicant/accused has given the declaration
about the person who is already dead. He made forged
signature of the deceased on the sale deed.

For taking
possession of the property, the applicant/accused has
committed several crimes. The complaint was received by
the informant from one Nilofar Kashif Usmani about the
Gift deed executed
revealed
that
on 05/08/2022.

Smt.Shahana
During inquiry, it
Siddiqui
expired
on
16/07/2021 and the deed was executed on 05/08/2022
along with declaration. Nilofar has submitted the death
certificate to the office of informant. After verification of
the documents submitted by the applicant, the informant
lodged the present crime against the applicant with
Chembur police station.
11. Considering
investigation
the
is
nature
of
the
necessary
in
offence,
this
the
matter.

detail
The
applicant/accused has played vital role in the crime.
Hence,I am of the opinion that this is not a fit case in which
discretion can be exercised in favour of applicant/accused.
Hence, I not inclined to release him on bail. In the result,
following order:-
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ORDER
Cri.Bail application No.125 of 2024 is rejected and
disposed of accordingly.
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

17/02/2024
Dictated on
Transcribed on
Signed on
:
:
:
17/02/2024
17/02/2024
17/02/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

17/02/24 at 05.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
17/02/2024
Judgment and order signed by P.O.

17/02/2024
Judgment/order uploaded on
17/02/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

03/02/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
02/02/2024
Judgment and order signed by P.O.

02/02/2024
Judgment/order uploaded on
03/02/2024