Bombay High Court
Ashok Uddhav More vs State Of Maharashtra on 30 April, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:20064
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1066 OF 2024
Ashok Uddhav More .... Applicant
versus
The State of Maharashtra .... Respondent
.......
• Mr. Mahindra Deshmukh, Advocate for Applicant.
• Mr. Avinash A. Naik, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 30th APRIL, 2024
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.664/2023, dated 28/12/2023, registered with Vitha
Police Station, Sangli, under sections 406, 420, 467, 468, 471,
474 r/w 34 of the Indian Penal Code.
2. Heard Mr. Mahindra Deshmukh, learned counsel for
the Applicant and Mr. Avinash A. Naik, learned APP for the
State.
Digitally
signed by
MANUSHREE
MANUSHREE NESARIKAR
NESARIKAR Date:
2024.05.02
16:52:17
+0530
Nesarikar
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3. The FIR is lodged by one Vikas Shinde. He has stated
that he wanted to purchase the land from the present Applicant
who was the owner of Gat No.400 admeasuring 23.83 R at
Bhalavni. The sale price was fixed at Rs.35 lakhs. The informant
paid Rs.32,50,000/-. But subsequently, the Applicant did not
respond. Instead, he sold the same land to his own uncle Maruti
Kalkute, through a sale deed dated 11/02/2022. The informant
already had agreement for sale in his favour in respect of that
land and inspite of accepting money, the said land was sold by
the Applicant to his uncle. On this basis, the FIR is lodged.
4. Learned counsel for the Applicant submitted that the
informant had filed a suit for specific performance before Civil
Judge Senior Division at Vitha. The suit was decreed exparte.
The Applicant had not appeared. Now the matter is at the stage
of execution. The Applicant was always ready and willing to
repay the money which he had taken. Learned counsel for the
Applicant invited my attention to ground (c) in paragraph No.4
wherein he has stated that the Applicant was ready to repay the
consideration amount accepted from the complainant pursuant
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to the agreement for sale dated 11/08/2021. Learned counsel
submitted that the Applicant is consistent on his stand that he
was willing to refund the money, but the informant is not willing
to accept that amount. He submitted that it is thus a civil dispute
and no criminal offence is made out.
5. Learned APP submitted that the the Applicant had used
backdated stamp paper to create the document in favour of his
uncle to deprive the informant of his legitimate right in respect
of that land.
6. I have considered these submissions. The dispute has
travelled to a Civil Court and an exparte decree is already passed
in favour of the informant. The matter pertains to the
documentary evidence. A competent Court has already passed
the decree in his case. Learned counsel for the Applicant has
relied on the averments in this application, as mentioned in
paragraph No.4(c). The Applicant has shown willingness to
refund the money.
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7. In this view of the matter, custodial interrogation will
not serve any purpose. The matter appears to be civil in nature.
8. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R.No.664/2023, dated 28/12/2023, registered with Vitha Police Station, Sangli, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The Applicant shall cooperate with the investigation.
(iii) The application stands disposed of accordingly.
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