Advocates:
['GASTGAR SANTOSH B', 'COPY SERVED ON PP', '', 'SANTOSH BHOSALE']

1

905-appln.1646.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION

CRIMINAL APPLICATION NO. 1646 OF 2015

DAYANAND S/O MADHAVRAO TAKLE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Applicants : Mr. Gastgar Santosh B.

APP for Respondents: Mr.U.H.Bhogale.

Advocate for first informant : Mr. Santosh Bhosale.

...

CORAM :

V. M. DESHPANDE, J.

DATE :

08^th April, 2015.

Per Court:

1

By the present application, the Applicants are seeking anticipatory

bail since they are apprehending their arrest in connection with Crime

No.7 of 2015, registered at Umri Police Station, Taluka Umri, District

Nanded, for the offences punishable under Sections 465, 467, 468, 471,

419 and 420 read with Section 34 of the Indian Penal Code.

2

I have head Mr.S.B.Gastgar, learned counsel for the Applicants,

Mr. U.H.Bhogale, learned APP and Mr.Santosh Bhosale, learned counsel

for the first informant, in detail

3

The first informant is one Raju Vitthalrao Dhage. Admittedly, this

first informant is having no concerned whatsoever in respect of the

property of deceased Fulsing Lobha Rathod. However, it appears that as

a diligent citizen, he has filed the first information report.

2

905-appln.1646.15.odt

4

In the first information report, accusations are like, that one Fulsing

Lobha Rathod who died on 16^th January, 2012, was having an agricultural

property bearing Gat No.49, admeasuring 1 Hectare and 33 Ares at

village Mokhandi. After the death, the said land was transferred by

executing a registered sale-deed in favour of present Applicant No.1 by

Uttam Harilal Rathod, who is a nephew of deceased Fulsing Lobha

Rathod on 11^th October, 2013. On the said sale-deed, Applicant No.2 has

signed as one of the witness. The first information report is lodged on 6^th

February, 2015, in respect of the transaction that occurred on 11^th

October, 2013. Further, in the first information report itself it has been

averred that Applicant No.1 on 13^th December, 2014, has executed a

further sale-deed in respective of the said property in favour of one

Munaji, resident of Islampura, curiously enough nothing is alleged against

Mr.Munaji not the offence is registered against said person. This

substantiates the submission on behalf of the Applicants that the present

first informant is nursing grudge against Applicant No.1 due to political

rivalry.

5

Whether the nephew of the deceased was having any right to

execute the sale-deed or not, is a question has to be decided before the

Civil Court in appropriate proceedings. Those proceedings are to be filed

only by the legal heirs of deceased Fulsing Lobha Rathod.

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905-appln.1646.15.odt

6

Further, in so far as the role of Applicant No.2 is concerned, he has

only signed as a witness to the registered sale-deed. There are no other

allegations against Applicant No.2. Furhter, against Applicant No.1 also,

there are no allegations that he has instigated and/or done certain acts by

which Uttam Rathod has fabricated the sale-deed in connivance with

Applicant No.1.

7

In that view of the matter, I pass the following order:

I.

Criminal Application No. 1646 of 2015 is allowed.

II.

In the event of arrest of Applicant No.1 – Dayanand

Madhavrao Takle and Applicant No.2 – Sambhaji

Madhavrao Inglewad, they be released on

anticipatory bail in connection with Crime No.7 of

2015, registered at Umri Police Station, Taluka Umri,

District Nanded, for the offences punishable under

Sections 465, 467, 468, 471, 419 and 420 read with

Section 34 of the Indian Penal Code, on they

executing P.R. Bond of Rs.5,000/- each with one

solvent surety of the like amount.

III.

With this, the criminal application is disposed of.

[ V. M. DESHPANDE, J. ]

ndm