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MHNS010037242022
Order below Exh. 1 in Criminal Bail
Application No. 915/2022.
1.

This is an application preferred by applicant Mukta Eknath
Motkari for anticipatory bail under section 438 of Cr.P.C. in C.R. No. I­
37/2021 registered in Gangapur Police Station, Nashik for the offence
punishable under sections 302, 120­B, 201, 115, 109, 419, 420, 465, 467,
468, 471 r/w section 34 of IPC and section 3(1)(i)(ii), 3(2), 3(4), 3(5) of
MOCCA.
2.

In short, the accused submit that on 18.02.2021 crime was
registered bearing CR No.37/2021 at Gangapur police station on the basis
of complaint, in which it is mentioned that deceased was holding ancestral
land in Anandwalli Shivar, Nashik and in respect of said ancestral land
accused No.1 Sachin Mandlik, accused No.3 Bhushan Motkari, along with
other accused namely Jagdish Mandlik, Akshaya Mandlik and Mukta
Motkari. Dispute was going on since year 2014 with the complainant.
Thereafter, the above named accused in collusion with above named
accused persons has tried to grab the said land from deceased father of
complainant by preparing false documents. Accordingly, private complaint
was filed in the Court. It is further alleged that the present applicant and
other above named accused were threatening the deceased Ramesh
Mandlik.
3.

It is further contended by the applicant that she is running 85
years. She is not yet arrested by the police. She had filed the application
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for anticipatory bail, however, the same was rejected. Thereafter, concern
I.O. has investigated the matter and filed charge­sheet in the said crime.
Accused has given confession statement which is the part of the charge­
sheet. This is the second bail application as investigation is completed she
prayed that she be released on bail.
4.

Say was called of Investigating Officer
wherein he has
submitted that present accused has active involvement in the offence.
Charge­sheet is already filed. Even supplementary charge­sheet has been
filed. Accused is 85 years old due to which she was not arrested by then
Investigating Officer. Present applicant impleaded her name as stepsister
of Ramesh Mandlik and got her name included on the property rights with
the help of Sachin Mandlik and others and prepared forged documents.
She has also got her name impleaded as legal heir on the ancestral
property of deceased Ramesh Mandlik. She has received consideration
amount of Rs.17,00,000/­ in her bank account. Confessional statement
has been recorded of the present applicant. She took financial benefit.
Hence, prayed that appropriate order be passed.
5.

Heard Learned Advocate for the accused and Learned APP for
the State. Perused the case diary. At the outset it is submitted by the
accused that as present accused is not yet arrested due to her old age.
Charge­sheet has been filed. Accused has given confessional statement
which reflects her involvement in the present crime. It is pertinent to state
that earlier anticipatory bail application of the present applicant has been
rejected. It is settle preposition of law that merely filing of charge­sheet is
no change in circumstances. In view of the confessional statement of the
applicant as well as considering the nature of offence with which accused
is charged is under section 302, 120­B, 201, 115, 109, 419, 420, 465, 467,
468, 471 r/w section 34 of IPC and section 3(1)(i)(ii), 3(2), 3(4), 3(5) of
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MOCCA.

I am not inclined to consider present application.

proceed to pass following order :­
ORDER
Application is hereby rejected.
Sd/­xxx
Nashik.
Date : 28/07/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.

Hence, I