Criminal Bail Application No.480 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.480 of 2022
CNR No.MHNS010018372022

1.Sachin Daguji Nikam
Age : 36 years, Occu.: Labour
R/o : Plot No.173, Vaishali Nagar,
Opp. Dhanvantari Hospital, Peth
Road, Panchavati, Nashik.

2.Deoram Bhaurao Sansare
Age : 65 years, Occu.: Labour
R/o : N­51/AD/1/5/10, Bhagatsingh
Chowk, CIDCO Colony, 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. Ronak S. Shah 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 420, 406 & 506 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 falsely implicated in this case. They have only identified the parties in the Deed of Apartment. There role is not spelt­out in the F.I.R. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.6 and objected on the ground that they are also made accused and they known the facts of the case and they helped the other accused in committing the Crime. 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 these applicants are accused Nos.6 & 7 in the Crime. Their role is that, they had identified the parties in the Deed of Apartment. Except this, their role is not spelt­ out in the F.I.R. 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.480/2022 is allowed.

2.In the event of arrest, Applicant No.1 Sachin Daguji Nikam and No.2 Deoram Bhaurao Sansare 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 420, 406 & 506 r/w 34 of the Indian Penal Code

3.Applicants to remain present before the Investigating Officer and co­operate him as and when he calls them under prior written intimation.

4.In the above terms, the Criminal Bail Application No.480/2022 stands disposed off accordingly.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 21/04/2022 Digitally signed by MUSHTAQUE
HUSSAIN SHAIKH Date: 2022.04.22 16:44:04 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.