1 Bhanudas and Ors.

Vs. State of Maharashtra
Criminal Bail Application No.1080/2022

1] This is Bail Application u/s.438 of Cr.P.C. for offence registered at Wavi Police Station, in CR No. 175/22 for offence punishable u/s. 406, 420, 120-B, r/w sec. 34 of Indian Penal Code,1860.

2] The fact of the case are as follows, The informant Ramji Petha Bhoj is retired person. Who was searching for 1 acre agricultural land for residence of Sai Bhakt being Sai Baba devotee.

He was introduced by Ganesh Dhatrak with 1- Sandip Kashinath Bhalerao, Devidas Shankar Bairagi, Baban Sahebrao Pomnar, Bharat Hatkar, as a agent. They were shown Gat No.65/2 area 1 acre situated at Fardapur Shivar on Sinnar Shirdi road and assured to sale such land for consideration of Rs. 29,00,000/-. The land was owned by these applicants. The meeting was took place in between agents, applicants and informant. Accordingly, it was decided to transfer said land in the name of informant and his wife for consideration of Rs.29,00,000/- isaar pavati executed on 14.01.2019. Mr. Sandip Bhalerao accpeted Rs.2,00,000/- on behalf of the applicants. It was assured by the Sandip bhalerao and all agents to sell 20R area which is adjacent Shirdi –Sinnar Road. Inspite of Gat 65/2. It was specifically assured that agricultural land is situated at shirdi-Sinnar Road, Accordingly, sale deed of Gat 65/2 area 20R, Gat 62 Area 20R registered before Sub-registrar office by applicants in favour of informant. The Govt. valuation i.e. Rs.13,40,000/- was paid by cheque and remaining Cash amount of Rs.13,60,000/- has been taken by agents. Thus, the accused induced applicant/accused inconsonence with agents shown agriculatural land sitauted on Shirdi-Sinnar road but, actually sold a different land which is at the distance of 1 to 1.5KM from Sinnar-Shirdi Road and thus thereby cheated the informant for the amount of Rs.29,00,000/-. Accordingly, the private complaint was lodged before Ld.JMFC, Sinnar u/s.420, 406, 120B r/w s.34 of IPC. The FIR is registered accordingly at Sinnar Police Station.

3]The fact of appliant case is that, they are falsely implicated in this case. It is admitted that, the Rs.13,40,000/- deposited in the account of applicant. It is stated that when the original complainant inquired about the said land, he came to know that the land adjoining his land at the south side is not Sinnar Shirid Highway. But the said land belongs to the person named Dr.Navandar. It is the accsued Nos.7, 8 and 9 have shown the said land the informant and, therefore, no question tofraud the present informant by any means.

4] Heard both sides at considerable length.

5] Ld.advocate for applicants argued that, the possession of the agriculatural land has been already handed over to the informant. Incident occured on 13.07.2019 and FIR lodged on 13.08.2022.

6] I have heard Ld.APP Shri.Kadave and I.O. PSI Gawali of Wavi Police Station who vehemently submitted that the agriculatural land No.62 and 65/2 are not situated adjacent to Sinnar – Nashik Road and, thereby land owner i.e. applicants and other co-accused i.e. agents induced informant to pay of
Rs.29,00,000/- as consideration for execution of sale-deed.

7] Perused appliacation and say filed by the I.O. Reasoning

8]The offence which are charged against the accused u/s.406 and 420 provide punishment 3 years and 7 years respectively. In this particular case, the allegations are of criminal breach of trust at the instance of appliacants in the capacity as land owner of agriculatural land Gat No 62 and 65/2
dishonestly induced the informant and his family in order deceive informants family for wrongful gain to applicants and accused Nos.7, 8 and 9 (MA No.15/2022) and other co-accused and cause wrongful loss to informant families. The informant who has seen a dream to purchase agriculatural land
by constructing a divotee room for the Sai-Baba devotees as he is Sai-Baba devotee since long. He has invested all his retirement amount to impliment to his dream and expected to come true his dream at the instance of applicants.

Unfortunately, due to the malafied intention of the applicant in furtherence of common intention with other co-accused his dream could not be completed.

Despite of being Magistrate triable offence, I am of the considered opinion physcial presence of applicants and other co-accused is very essential for recovery of the huge amount of Rs.29,00,000/- and as well as for investigation purpose.

9] In such circumstances, looking to the nature and gravity of offence of cheating, criminal breach of trust and conspiracy at the instant of applicants against a pensioner person, I am inclined to reject the application. Hence, order,

O R D E R

i.Anticipatory Bail Applicaton is rejected being devide of merit.

ii.The M.A. No.1080/2022 is disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.08 13:09:38 +0530 ( Dr. U. J. More ) District Judge-13 and Date : 07/09/2022. Assistant Sessions Judge, Nashik.