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Cri. Bail Application No. 657 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 657 OF 2022
{Rekha Omprakash Sachan and Kunal Omprakash Sachan Vs. The State
of Maharashtra through Sarkarwada Police Station}
This is application for pre­arrest bail u/s. 438 of the Cr.P.C. in
C.R. No.I­89 of 2022 registered with Sarkarwada Naka Police Station,
Nashik u/ss. 420, 406, 467, 468, 471 and 120(B) read with 34 of the
I. P. C.
2.
submits
The learned counsel Mr.S.D. Banose for the applicants
that, applicant are
innocent person,they
are not at all
concerned with the alleged offence and having no criminal antecedent.
They apprehend their arrest. They are ready to abide by any of the terms
and conditions to be imposed by this Court. They have got fixed and
permanent place of residence and undertake to cooperate investigation.
They are bonafide purchaser of plot Nos. 4,5 & 6. Plot No. 5 was
purchased by Omprakash in the name of his wife applicant
by
registered sale­dated 16.10.1999. So also, Plot Nos.4 was purchased by
Omprakash in his name by registered sale dated 23.11.1995 and plot
no.6 by registered sale dated 29.12.2007. After the death of Omprakash
Plot nos.4 & 6 are standing in the name of applicants 1 and 2 who are
mother and son. They have not committed any offence. They are from
reputed family. After due search, they have purchased the suit property
for valuable consideration, as bonafide purchases. They have neither
prepared any false document nor deceived anyone. Prior to it, a
complaint was filed to the police regarding the said matter 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
to be imposed by the court.

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3.

Learned APP Mrs. Aprana Patil by filing pursis (Exh.7)
adopted say (Exh.6) filed by Investigation officer (I.O.) and strongly
objected this application. I.O is present alongwith police.
4.

This application is strongly objected by learned APP.

According to her, 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 applicants have purchased plots
from accused no. 1. The forged document was used. The applicants have
cheated the complainant and the witnesses. The offence is serious in
nature and custodial interrogation of the accused is necessary.
5.

Perused record. Prima­facie, it appears that the accused 1
and accused 28 & 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
have allegedly shares in the said property. The present applicants appear
to be bonafide purchasers for valuable consideration by registered
documents as per law. It appears that they are not the author of the
alleged forged documents. They have no previous criminal antecedent.
They appear to be reputed persons in the society. That apart, by bail
application Nos. 595 of 2022, 598 of 2022, 599 of 2022, 601 of 2022,
621 of 2022, 624 of 2022 and 625 of 2022, seven accused persons who
are purchasers of
various plots, have already been enlarged on
Anticipatory bail on 26.05.2022.
6.

In the circumstances, custodial
interrogation is not
necessary for the purpose of investigation. The offences are triable by
Ld. Judicial Magistrate, First Class. No purpose would be served by
keeping the applicants behind the bar. Thus, apprehension in the mind
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of applicants of being harassed, manhandled, and arrested seems to be
reasonable,warranting pre­arrest protection. In the result, I pass the
following order.
ORDER
1.

This application stands allowed.

2.
In the event of arrest in connection with the investigation
of C.R. No.I­89 of 2022 registered with Sarkarwada Naka Police
Station, Nashik u/ss. 420, 406, 467, 468, 471 and 120(b) read
with 34 of the I. P. C., the applicants namely Rekha Omprakash
Sachan and Kunal Omprakash Sachan shall be released on
executing Personal bond of Rs.25,000/­ with solvent surety in
the like amount, each.
3.
Applicants shall not leave India without prior permission of
the Court.
4.

Applicants shall not tamper with the prosecution witnesses.

5.
They shall attend the police station on each Monday for
one month between 11 a.m. to 01 p.m., or as and when called by
I.O. under prior written intimation.

Date: 06.06.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.