Criminal Bail Application No.496 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.496 of 2022
CNR No.MHNS010019222022
Bhaurao Keru Pawar
Age : 54 years, Occu.: Business
R/o : Flat No.11, Gangadarshan
Society, Shivaji Nagar, Near Mahsoba
Temple, Jail­Road, Nashik­Road,
Tal. & Dist. Nashik.
… Applicant/Accused.
V/S
State of Maharashtra
Through – P.I. Satpur Police
Station (C.R. No.I­80 /2022)
… Respondent/State.

Appearance :
Ld. Advocate Shri. Aniket M. Pathak for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. S. S. Jadhav, PSI (I.O.) present.
ORDER BELOW EXH. No.1
(Delivered on 21st April, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of anticipatory bail in C. R. No.I­80/2022
registered with the respondent Satpur Police Station for an offence
punishable under Sections 406, 420 r/w 34 of the Indian Penal Code.
2.

It is the case of the prosecution that, Gala No.9 on the
ground floor, admeasuring 12.80 Sq. Mtrs. at Blue Diamond
Criminal Bail Application No.496 of 2022 (Or. Exh.1)
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Apartment, Nashik was owned by accused No.2. Accused No.1
purchased the said Gala from accused No.2 by an agreement for sale.
Thereafter, accused No.1 sold the said Gala to the complainant by an
agreement to sale on 17.04.2000 and gave possession to the
complainant. Thereafter, the complainant gave the said Gala to
accused No.4 on leave and license. In the meantime, complainant
asked accused Nos.1 & 2 to execute the conveyance. However, they
started avoiding. Accused No.4 also did not pay the license­fee.
Therefore, to take action against them, complainant obtained certain
documents and found that accused No.3 had purchased the said Gala
from accused No.2. The complainant felt cheated and therefore
lodged the complaint application to the Police. However, Police did
not take any cognizance. Therefore, filed a private complaint before
the Ld. J.M.F.C., Nashik, who directed an investigation under Section
156(3) of Cr.P.C. Accordingly, Crime came to be registered.
3.

It is the case of the applicant that, he had agreed to purchase
the Gala from accused No.2 and he was give possession of the said
Gala as well as possession letter. Applicant/Accused No.1 had paid
the consideration to accused No.2. Complainant had some deposits
with the accused No.2 and applicant/accused No.1 Company went in
loss and therefore the complainant took forcible possession of the
said Gala. The applicant/accused No.1 did not execute any
agreement for sale as regards the said Gala in favour of the
complainant. Matter is of Civil nature. Applicant is ready to co­
operate the Investigating Officer. Therefore, prayed to allow the
application.

Criminal Bail Application No.496 of 2022 (Or. Exh.1)
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4.

Respondent filed their say vide Exh.7 and objected by
saying that they have to seized the documents and interrogate the
applicant. Therefore, prayed to turn down the application.
5.

Heard Ld. Advocate for the applicants and Ld. A.P.P. for
the State.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that the possession of the Gala was
handed over by accused No.2 to applicant/accused No.1 by way of
issuing possession letter, which is filed on record. It seems that the
conveyance was not executed by accused No.2 in favour of
applicant/accused No.1. Thereafter, as per the story of the applicant
the complainant had forcibly taken the possession of the Gala.
Thereafter, there is no role of applicant/accused No.1 in the further
transaction of the said Gala. Considering the facts and circumstances
of this case and the delay in approaching the Court, this Court finds
that the matter is of Civil nature and by imposing certain conditions,
the application can be allowed and the investigation also can proceed
further. Therefore, there is no need of custodial interrogation. Hence,
the order.
ORDER
1.

Criminal Bail Application No.496 of 2022 is allowed.

2.

In the event of arrest, Bhaurao Keru Pawar be released on bail
on his executing a personal bond of Rs.15,000/­ with solvent
surety in like amount to the satisfaction of the Investigating
Officer in connection with C.R. No.I­80/2022 registered with
respondent Satpur Police Station punishable under Sections
406, 420 r/w 34 of the Indian Penal Code
3.

Applicants to remain present before the Investigating Officer at
the Respondent/Police Station on 25 th, 27th and 30th of April,
Criminal Bail Application No.496 of 2022 (Or. Exh.1)
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2022 in between 11.00 a.m. to 01.00 p.m. and co­operate
Investigating Officer in the investigation and also produced the
documents called for and remain present before the I.O.
thereafter as and when he calls him under prior written
intimation.
4.

In the above terms, the Criminal Bail Application No.496/2022
stands disposed off accordingly.

Place : Nashik.
Date : 21/04/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.04.22 16:45:00
+0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.