Mumbai, February 3, 2024: The Sessions Court in Greater Mumbai has granted bail to real estate agent Javed Munshi Khan, who was arrested in connection with an alleged land forgery case. Khan, 53, a resident of Malad West, was taken into custody by the Tilak Nagar police in connection with Crime No. 750/2023. He faced charges under Sections 420, 447, 465, 467, 468, and 471 of the Indian Penal Code (IPC), which relate to cheating, criminal trespass, forgery, and fraudulent use of documents.
The bail application was heard by Additional Sessions Judge A.A. Kulkarni (C.R. No. 22), who pronounced the order on February 3, 2024. Advocate A.S. Pasbola represented the accused, while APP J.N. Suryawanshi appeared for the State.
Case Background
The case revolves around allegations of land forgery at a plot in Chembur. The complaint was lodged by Police Head Constable Aananda Maruti Patil, who alleged that accused persons had fabricated documents to falsely claim ownership of a government-owned plot. The said property, identified as Survey No. 320, CTS No. 623(B)/1 to 7, and CTS No. 661, houses the ACP Deonar office and includes an open space that became the subject of dispute.
According to the police, one of the co-accused, Rajan Gulhane, had submitted an application on May 16, 2023, claiming that encroachment had taken place on the disputed land. During the investigation, it was discovered that Gulhane had allegedly forged ownership documents and fixed a board claiming the property as his own. The police further stated that various accused individuals, including Khan, had received substantial sums of money based on the forged documents.
Prosecution’s Argument
The prosecution opposed the bail application, arguing that if Khan were released, he might tamper with evidence. The police stated that an amount of Rs. 30 lakh was yet to be recovered and that another co-accused, Pravin Bibhandik, had admitted to receiving Rs. 75 lakh. The investigating officer stressed that Khan’s release at this stage could hinder further investigation.
Defense and Court’s Observations
Khan’s defense counsel, Advocate Pasbola, contended that his client had no role in fabricating documents or receiving any illicit funds. The defense emphasized that the charge sheet had already been filed and that there was no direct evidence linking Khan to the fraudulent activities.
After reviewing the charge sheet and case documents, the court noted that no material evidence had been presented to show Khan’s involvement in forgery or monetary transactions. Judge Kulkarni observed that, under such circumstances, there was no justification for keeping the accused in custody any longer.
Bail Conditions
Granting bail, the court imposed the following conditions:
- Khan must furnish a personal and surety bond of Rs. 25,000.
- He must provide his residential address proof and contact details to the Investigating Officer.
- He is prohibited from making any inducement, threat, or promise to witnesses.
- He cannot leave India without prior court permission.
The court directed that bail formalities be completed before the lower court.
Conclusion
With this order, Javed Munshi Khan has been granted bail, though the case will continue to be heard in the trial court. The court’s decision underscores the principle that bail should not be denied in cases where the prosecution fails to establish prima facie evidence against an accused. The legal proceedings in this high-profile land dispute will continue to unfold in the coming months.
(Stay tuned for further updates on this case.)