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Cri. Bail Application No. 625 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 625 OF 2022
{Shri. Ravindra Kadu Pawar and another Vs. The State of Maharashtra
through Sarkarwada Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime No. 89 of
2022 registered with Sarkarwada Police Station for the offence
punishable under sections 420, 406, 467, 468, 471 and 120(b) read
with 34 of the I. P. C.
02]
The applicants contended that they have not committed any
offence. They are from reputed family. After due search and as a
bonafide purchasers, they have purchased the suit property for valuable
consideration. They have not prepared any false document nor deceived
anyone. Prior to it, similar complaint was filed to the police but its
cognizance was not taken. The complaint is filed belatedly and after
thought. Nothing has to be recovered from them. Their custodial
interrogation is not required. They are ready to abide by any conditions
imposed by the court. They have prayed for grant of anticipatory bail.
03]
APP filed say at Ex. 11 and I. O. filed say at Ex. 10. They
have stated that the main accused is Chandrashekhar Madhavrao
Ayachit and he prepared forged document of development agreement
and power of attorney. Out of seven people, three people were
impersonated and those people were cheated. The present accused have
purchased plots from accused no. 1. The forged document was used. The
accused have cheated the complainant and the witnesses. The offence is
complicated and custodial interrogation of the accused is required.
Hence, they have prayed for rejection of anticipatory bail.
04]
Heard the learned counsel for the accused and learned APP.
They have argued as per the above stand taken. Also, the complainant
appeared through advocate and her advocate also resisted the
application and prayed for rejection of the bail.
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05]
I have gone through application, say, documents, arguments
and Police papers. Primafacie, it appears to the court that the accused
no. 1 and accused nos. 28 and 29 are the main accused in this case and
they appear to have prepared forged document in the nature of
development agreement and power of attorney by impersonating three
persons, who alleged to have shares in the said property. The present
petitioners appear to be bonafide purchasers for valuable consideration.
It appears that they are not the author of the alleged forged documents.
They have no criminal antecedent. They appears to be reputed persons
in the society. Omnibus allegations are made against them by the
complainant. Considering the same and their role as bona fide
purchasers of the property and their custodial interrogation is not
required, they are entitled for anticipatory bail on suitable terms and
conditions. Hence, the following order:
ORDER
01]
Application is allowed.
02]
In the event of arrest, the accused namely 01]
Ravindra Kadu Pawar and 02] Sanjay Rajaram
Pawar be released on anticipatory bail on
executing personal bond of Rs. 15,000/ each with
one or more surety in the likewise amount each
respectively in crime No. 89 of 2022 registered
with Sarkarwada Police Station for the offence
punishable under sections 420, 406, 467, 468, 471
and 120(b) read with 34 of the I. P. C., to the
satisfaction of I. O.
03]
They accused shall attend the concerned police
station on 28.05.2022 and 29.05.2022 in between
11.00 a.m. to 02.00 p.m. and shall attend the
police station as and when their attendances are
required by the police.
04]
They shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
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dissuade them from disclosing such facts to the
court or to any police officer to tamper with the
evidence.
05]
They shall not tamper the prosecution evidence in
any manner.
06]
They shall not leave India without permission of
this court.
07]
They shall not commit similar type of offence.
08]
They shall furnish their detailed address with proof
and their mobile numbers.
Date : 26.05.2022
(R. R. Rathi)
I/c. Additional Sessions Judge7,
Nashik.