Criminal Bail Application No.477 of 2022 (Or. Exh.1)

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.477of 2022
CNR No.MHNS010018222022

1.Sau. Yogita Rahul Musle Age : 36 years, Occu.: Housewife
2.Rahul Bhaskar @ Bhagwan Musle Age : 38 years, Occu.: Business
Both R/o : Flat No.1, 2, Chamunda Park, Ashok Nagar, Satpur, Nashik.

3.Akshay Dashrath Bhor Age : 26 years, Occu.: Business
R/o : Swami Vivekanand Nagar, Ashok Nagar, Satpur, Nashik. … Applicants/Accused.

V/S

State of Maharashtra Through – P.I. Satpur Police Station (C. R. No.I­80 /2022) … Respondent/State.

Appearance :
Ld. Advocate Shri. Amol R. Rayate for Applicants/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. S. S. Jadhav, PSI (I.O.) present.

ORDER BELOW EXH. No.1

(Delivered on 21st April, 2022)

1.This is an application filed under Section 438 of Criminal Procedure Code for grant of anticipatory bail in C. R. No.I­80/2022 registered with the respondent Satpur Police Station for an offence punishable under Sections 406, 420 r/w 34 of the Indian Penal Code.

2.It is the case of the prosecution that, Gala No.9 on the ground floor, admeasuring 12.80 Sq. Mtrs. at Blue Diamond Apartment, Nashik was owned by accused No.2. Accused No.1 purchased the said Gala from accused No.2 by an agreement for sale. Thereafter, accused No.1 sold the said Gala to the complainant by an agreement to sale on 17.04.2000 and gave possession to the complainant.

Thereafter, the complainant gave the said Gala to accused No.4 on leave and license. In the meantime, complainant asked accused Nos.1 & 2 to execute the conveyance. However, they started avoiding. Accused No.4 also did not pay the license ­fee. Therefore, to take action against them, complainant obtained certain documents and found that accused No.3 had purchased the said Gala from accused No.2. The complainant felt cheated and therefore lodged the complaint application to the Police. However, Police did not take any cognizance. Therefore, filed a private complaint before the Ld. J.M.F.C., Nashik, who directed an investigation under Section 156(3) of Cr.P.C. Accordingly, Crime came to be registered.

3.It is the case of the applicants that, they are accused Nos.3, 4 & 5 in the said Crime. Accused No.3 is the bonafide purchaser and she had paid total consideration to the accused No.2. Accused Nos.4 & 5 are the witnesses to the documents. They do not have any other role in the said Crime. The applicants have been falsely implicated in this case. This is a Civil dispute. Applicants are ready to co­operate the Investigating Officer as well as produce the documents. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.6 and objected on the ground that entire series of transaction is to be investigated and therefore custodial interrogation of these applicants is necessary.
Therefore, prayed to turn down the application.

5.Heard Ld. Advocate for the applicants and Ld. A.P.P. for the State.

6. Upon hearing and going through the material placed on record, what can be gathered is that accused No.2, who is the Builder had executed an agreement to sale with accused No.1 and handed
over the possession of the Gala and received the consideration. However, the conveyance was not executed. In the meanwhile, it seems that the accused No.1 executed an agreement to sale in favour
of complainant in the Year­2000. Thereafter, for more than 15 years the complainant kept quite and now when the Police did not take cognizance, filed the complaint before the Ld. J.M.F.C., Nashik. Therefore, what can be gathered is that this is the Civil dispute based on documents. Therefore, this Court finds that custodial interrogation of these applicants is not necessary. By imposing certain conditions,
the application can be allowed. In the result, the application succeed.
Hence, the order.

ORDER

1. Criminal Bail Application No.477/2022 is allowed.

2.In the event of arrest, Applicant No.1 Sau. Yogita Rahul Musle, No.2 Rahul Bhaskar @ Bhagwan Musale & No.3 Akshay Dashrath Bhor be released on bail on their executing a personal bond of Rs.15,000/­ each with solvent sureties in like amount to the satisfaction of the Investigating Officer in connection with C.R. No.I­80/2022 registered with respondent Satpur Police Station punishable under Sections
406, 420 r/w 34 of the Indian Penal Code

3.Applicants to remain present before the Investigating Officer at the Respondent/Police Station on 25th, 27th and 30th of April, 2022 in between 11.00 a.m. to 01.00 p.m. and co­operate Investigating Officer in the investigation and also produced the documents called for and remain present before the I.O. thereafter as and when he calls them under prior written intimation.

4.In the above terms, the Criminal Bail Application No.477/2022 stands disposed off accordingly.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 21/04/2022 Digitally signed by MUSHTAQUE
HUSSAIN SHAIKH Date: 2022.05.06 17:18:23 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.