1 Cri.B.A.No.1137/22OrderEx.1. Order below Exh.1 in Bail Application No. 1137/2022
Swapnil Satish Saraf .. Applicant Accused.
Vs.
The State of Maharashtra through Police Inspector, Taluka Police Station, Nashik. .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in the event of his arrest in the aforesaid Crime registered at Taluka Police Station, Nashik for the offence punishable under sections 420, 467, 468, 471 r/w. 34 of the Indian Penal Code and u/s. 3(1)(f)(g) of the SC & ST (Prevention of Atrocities) Act and accordingly interim protection was granted to applicant.
2.Heard Learned Advocate Shri M.D.Bhanose, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant filed his say at Exh.11 and resisted the application. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant deceived the informant by making forgery for the purpose of cheating and used such forged document as a genuine one and applicant wrongfully occupies or cultivates and dispossess the informant, who is member of SC or ST from landed property.
4.In respect of subject matter, applicant has produced copies of registered saledeed, development agreement, NA order and other relevant documents. Considering all these documents and the controversy between the parties, it appears that dispute between the parties is civil in nature. Report reflects that the transaction in dispute are of the year 201617 but then, complaint came to be lodged on 14.09.2022. Delay in lodging report is not explained. As such, prima facie, involvement of the applicant in alleged offence is found to be in cloud. On these amongst other grounds, interim bail was granted to applicant. Now, applicant has produced document to show that he has submitted all the relevant documents with police for investigation. As such, it appears that applicant cooperated the investigation. Say filed by the investigating officer with formal objections.
5. The ld. Advocate for the Applicant submitted that the applicant do not have criminal antecedents. He is reputed person. He is permanent local resident. Therefore, considering all these aspects, this Court is of the view to confirm the interim protection granted to the applicant. Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] Interim protection granted to applicant on 16.09.2022 stands confirmed subject to same terms and conditions.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.04 16:22:02 – 0600 Nashik (Aditee U. Kadam) Date : 04.10.2022.Additional Sessions Judge2, Nashik.