Cri Bail Appln. No.1360 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.1360 of 2022
CNR NO.MHNS010056632022
1.

Somnath Laxman Giri
Age : 49 years, Occu.: Service
R/o : At­post : Dahiwadi, Tal. Sinnar,
Dist. Nashik.

2.

Vivekanand Ramrishna Jagdale
Age : 52 years, Occu.: Advocate
R/o : At­post : Dahiwadi, Tal. Sinnar,
Dist. Nashik.
Chandrai Bungalow, Survey No.262/2­B,
Plot No.20, Ganesh Co­operative Society,
Amrutdham, Panchavati, Nashik.
… Applicants/Accused.
V/S
State of Maharashtra
Through – P.I. Sinnar M.I.D.C.
Police Station (C.R. No.I­292 of 2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. Bhanose for Applicants/Accused.
Ld. A.P.P. Smt. B. N. Petkar for the Respondent/State.
Shri. Sandesh Pawar, A.P.I. (I.O.) Sinnar M.I.D.C. Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 30th November, 2022)
1.

This is an application under Section 438 of Criminal
Cri Bail Appln. No.1360 of 2022 (Or. Exh.1)
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Procedure Code for grant of bail in connection with C.R. No. I­292 of
2022 registered Respondent/Sinnar M.I.D.C Police Station under
Sections 406 and 420 r/w 34of the Indian Penal Code.
2.

Read the application and the say filed by the respondent
vide Exh.6. Heard Ld. Advocate for the applicant, Ld. A.P.P. for the
State and the I.O., who is present in Court. Perused the police­papers
produced for inspection by the I.O.

3.

Perusal of F.I.R. reflect that, Gat No.109 and 116 situated
at Village­Dahiwadi, Tal. Sinnar, Dist. Nashik were owned by Maruti
Devasthan and were Innam Class­III and occupant Class­II land.
Applicant No.1 manipulated the revenue record in connivance with the
revenue officers and inserted his name and the names of his family
members against the above said properties in the revenue record and
thereafter sold the same to applicant No.2. Applicant No.2 was aware of
the fact that the above properties belong to Maruti Devasthan, still he had
purchased the same from applicant No.1 and his family members.
4.

It is the case of the applicants that, they are falsely
implicated. Nothing is to be recovered or discovered at their instance.
The above properties were originally owned by applicant No.1’s
predecessors and there was a mistake in the revenue record and applicant
No.1 got it corrected. Complainant and some of the villagers wanted the
above land. Therefore, at the instance of the local M.L.A., the crime
came to be registered. Investigation revolves around the documents.
Custodial interrogation of the applicants is not necessary. Ready to abide
Cri Bail Appln. No.1360 of 2022 (Or. Exh.1)
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by the terms and conditions likely to be imposed by the Court. Therefore,
prayed to allow the application.
5.

The grounds of objection are that, the applicants were
aware about the fact that, the above land was given to Maruti Devasthan.
Despite this fact, the applicants in collusion with each other committed
the crime. The applicant No.1 got his name and his family members
name in the revenue record against the above properties. Thereafter, sold
it to applicant No.2. Investigation is in progress and at a primary stage.
Custodial interrogation of the applicants is necessary. Therefore, prayed
to reject the application.

6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the allegations are that, applicant
No.1 in connivance with the revenue officers got his name and the names
of the his family members in the revenue record against the said
properties and thereafter sold the same to the applicant No.2, who was
aware about the fact that, the said properties belong to Maruti Devasthan.
7.

In this backdrop, if we consider the case in hand, one will
find that, initially there was the name of Maruti Devasthan against the
said properties and on an application of the applicant No.1, the Circle
Officer entered the name of the applicant No.1 and his family members
in the revenue record against the said properties. The proceeding before
the Tahasildar was allowed and an order was passed that, the said
properties belong to Maruti Devasthan. Against the said order, appeal
was filed before the S.D.O. by the applicant No.1, which came to be
Cri Bail Appln. No.1360 of 2022 (Or. Exh.1)
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allowed. Thereafter, the complainant filed an appeal before the
Additional Collector, Nashik and the Additional Collector, Nashik
directed to maintain status­quo as regard the said properties. There was a
suit for specific performance filed by the applicant No.2 against the
applicant No.1 and his family members, which came to be compromised
and in view of the said compromise decree, the sale­deed was executed
of the said properties by applicant No.1 and his family members in
favour of applicant No.2. Applicant No.1 and his family members and
also applicant No.2 have filed a suit for declaration and injunction
against the complainant and others. The applicants have filed Writ
Petitions against the respondent/Sinnar M.I.D.C. Police as well as against
the S.D.O. Further, the applicants have filed the writ petition for
quashing of the present F.I.R.
8.

This Court initially upon hearing Ld. Advocate for the
applicants granted interim relief and directed the applicants to appear
before the I.O. and the said order is complied by the applicants. As far as
the allegations agianst applicant No.2 is concerned is that, knowing that
the said properties belong to Maruti Devasthan, still he entered into
agreement to sell of the said properties with the applicant No.1 and his
family members and got executed sale­deed of these properties in his
favour on the strength of the compromise decree. Therefore, the role
attributed to the applicant No.2 is that, knowingly he entered into a
transaction to purchase these properties. Therefore, this Court finds that,
custodial interrogation of applicant No.2 is not necessary. The copy of
sale­deed, agreement to sale, compromise decree etc., are with the I.O.
Therefore, by imposing certain conditions the interim order passed in
favour of applicant No.2 can be made absolute.

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9.

As far as applicant No.1 is concerned, there is serious
allegations about getting his name and his family members name in the
revenue record against the said properties in connivance with the revenue
officers. Though, all the documents are with the I.O., but still this Court
finds that, those documents are required to be confronted to the applicant
No.1 and for that custodial interrogation of the applicant No.1 is
necessary. It is true that, the offence alleged is as regards changing the
revenue record and the investigation revolves around the documents, but
unless the applicant No.1 is interrogated, the I.O. can not proceed further
with the investigation. Though, the S.D.O. allowed the appeal, but still
the appeal is pending against the order of S.D.O. before the Additional
Collector, Nashik. Therefore, prima­facie case for investigation is made
out by the respondent. Therefore, this Court finds that, applicant No.1 is
not entitle for pre­arrest bail. In the result, the following order.
ORDER
1.

Criminal Bail Application No.1360 of 2022 is partly allowed.

2.

In the event of arrest, Applicant No.2 Vivekanand Ramkrushna
Jagdale 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 I.O in connection with C.R. No. I­292 of 2022 registered
Respondent/Sinnar M.I.D.C. Police Station under Sections 406
and 420 r/w 34of the Indian Penal Code.

3.

Application of Applicant No.1 Somnath Laxman Giri stands
rejected.

4.

Applicant No.2 to remain himself present before the I.O. at
respondent Police Station on 5th and 6th December, 20222
between 11.00 a.m. to 01.00 p.m. and co­operate the I.O. in the
investigation and thereafter as and when called under prior written
intimation.

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5.

Applicant No.2 not to repeat the similar offences in future.

6.

Applicant No.2 not to threaten and pressurize the complainant and
the witnesses.

7.

In the above terms, Criminal Bail Application No.1360 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 30/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.30
16:43:38 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.