Bombay High Court
Shanti Pandurang Bhurkud And Ors vs The State Of Maharashtra on 21 September, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:27831
Urmila Ingale 941-ba-2065-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2065 OF 2023
1. Shanti Pandurang Bhurkud
2. Laxmi Vasudev Paradhi
3. Sukari Ramu Bhurkud ..Applicants
VS.
The State of Maharashtra ..Respondent
Mr. Vinod B. More, for the applicant.
Ms. Veera Shinde, APP for the State.
PSI- N.H. Patil, Palghar present.
CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 21, 2023
P.C. :
1. Heard learned counsel for the applicants and learned APP for
the State.
2. This is an application for bail in respect of the offence
punishable under sections 420, 467, 468, 471, 120(b) read with 34
of the Indian Penal Code, 1860 (hereafter 'IPC' for short) registered
on 18/01/2023 vide C.R. No.0011 of 2023 with Palghar Police
Station. The applicants were arrested on 24/02/2023
3. The applicants are Aadivasi women. Applicant no.1 is 70 years
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of age. Applicant no. 2 is 55 years of age and applicant no. 3 is 70
years of age. The applicants are working as labourers in village -
Kotim, Taluka- Dahanu, District- Palghar. The applicants are widows.
The applicants are accused nos. 3, 4 and 5. Accused no.7 approached
the applicants and informed that there is a scheme of the government
for compensation to the widows. The applicants handed over all the
documents that they had. The applicants were then taken to the
authorities who in fact were supposed to pay the compensation to the
project affected persons in respect of the bullet train project. The
amount involved is over Rs.30 lakhs. In the FIR which is lodged at
the instance of the Nayab Tahsildar, Sub-Divisional Office, Palghar, it
is alleged that the applicants had impersonated themselves as the
owners of the land and accepted the compensation. The real owners
were in fact dead. From the material, it appears that it is the accused
no.1, 2, 6, 7 and 8 who are the main accused. From the materials, it
also appears that the accused no. 7 informed the applicants that they
are entitled to the compensation under the scheme floated for the
widows compensation. The substantial portion of the compensation
deposited in the accounts of the applicants is appropriated by the
accused no.1 - the developer for his own benefit. The applicants are
widows and working as Adivasi labourers in village -Kotim, Taluka-
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Dahanu, District - Palghar. The applicants were arrested on
24/02/2023 and are in custody for more than 6 months. The
investigation is complete. The charge-sheet has been filed. There are
no criminal antecedents reported against the applicant. Hence, the
following order :-
ORDER
(a) The application is allowed.
(b) The applicant no.1- Shanti Pandurang Bhurkud,
applicant no. 2- Laxmi Vasudev Paradhi, applicant no. 3- Sukari Ramu Bhurkud in connection with C.R. No.0011/2023 registered with Palghar Police Station shall be released on bail on their furnishing P.R. Bond of Rs.10,000/- each with one or more sureties in the like amount.
(c) The applicants are permitted to furnish cash bail surety in the sum of Rs. 10,000/- each for a period of 6 weeks in lieu of surety.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
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(e) On being released on bail, the applicant shall furnish his
contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
4. The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 21/09/2023 14:49:42