Bombay High Court
Sharad Shankar Yadav And Anr vs State Of Maharashtra on 30 January, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.256 OF 2024
Sharad Shankar Yadav & Anr. .... Applicants
versus
State of Maharashtra .... Respondent
.......
• Mr. Sachin Khandagale, Advocate for Applicants.
• Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
• Ms. Surbhi Agrawal, Advocate for Intervenor.
CORAM : SARANG V. KOTWAL, J.
DATE : 30th JANUARY, 2024
P.C. :
1. The Applicants are seeking anticipatory bail in
connection with C.R.No.894/2023, dated 23/12/2023,
registered with Saswad Police Station, Pune Rural, under
sections 406, 420 r/w 34 of the Indian Penal Code.
2. Heard Mr. Sachin Khandagale, learned counsel for the
Applicants, Ms. Surbhi Agrawal, learned counsel for the
Intervenor and Ms. Pallavi N. Dabholkar, learned APP for the
State.
Nesarikar
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3. The FIR is lodged by one Kalawati Yadav. She has
stated that her husband Dinkar Yadav has passed away. She has
four daughters. She was residing with them. She had an
ancestral property at village Devdi. That property was
admeasuring 5 acres. She had another land at Gat No.48
admeasuring 115 Gunthas. The Applicants Sharad Yadav and
Sandip Yadav were nephews of the first informant. It is her case
that the Applicant Sharad told her that the common land at Gat
No.48 was to be sold and the other co-accused were also willing
to sell that property. The informant was agreeable to sell that
piece of land. Therefore, the sale deed was executed on
06/06/2018. It was also registered. It is her case that in respect
of that sale the Applicant Sharad had given her a cheque of
Rs.2,50,000/-. But it was dishonoured. She did not receive any
amount in respect of that sale. That is the first part of the
allegations. The second part of the allegations is that, on the
same day, the Applicants got one release deed executed in
respect of other Gat numbers. That was done by deceit. The
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informant was not told about the contents of that particular
document. The sale deed as well as the release deed were
executed and registered on 06/06/2018. The informant used to
trust the Applicants and the Applicants were cultivating that
ancestral property. After a few years she came to know that in
the revenue record her name was not appearing and it stood
only in the name of the Applicants and one Tushar Yadav, who
was the Applicant No.1's son. She realized that she was cheated
and on this basis, the FIR is lodged.
4. Learned counsel for the Applicants submitted that
those documents dated 06/06/2018 are genuine documents.
They are registered in accordance with law. The first informant
realized that the price of the property has escalated and therefore
she has raised this dispute. He further submitted that the
informant had lost the remedy of taking recourse to civil litigation
because it was beyond limitation and therefore she has taken
recourse of filing of this FIR to pressurize the Applicants. He
further submitted that the first informant has received her share
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of the amount from the purchaser directly. The Applicants have
not deprived her of the money which is earned by selling that
land. He submitted that the documents were registered before
the authorities and therefore there cannot be any manipulation
in respect of those documents.
5. Learned APP as well as learned counsel for the first
informant submitted that the release deed was executed without
telling the informant the real nature of the contents of that
release deed. She was kept in the dark and by deceit she was
made to put her thumb impression.
6. Learned APP produced investigation papers before me.
Those contain statement of one Ganesh Misal, who had signed
both these documents as a witness. His case is that he was called
by the Applicant No.1 to sign on the sale deed. However, he was
made to sign on the release deed as well by misleading him. To
that extent this witness has supported the informant's case.
Apart from that, both these documents bear thumb impression
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of the informant's daughter Manisha Chorge. Admittedly
Manisha is educated. Therefore, it was surprising that she had
allegedly put thumb impression and not signed those
documents. These are the circumstances which the Applicants
will have to explain. At this stage, there are two registered
documents in his favour. Therefore, to maintain balance
between the investigation and the liberty of the Applicants,
today I am inclined to protect the Applicants by way of ad-
interim relief, so that these discrepancies can be explained
before the Investigating Officer.
7. Hence, the following order :
ORDER
(i) In the event of their arrest in connection with C.R.No.894/2023, dated 23/12/2023, registered with Saswad Police Station, Pune Rural, till the next date, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand ::: Uploaded on - 31/01/2024 ::: Downloaded on - 01/02/2024 06:01:23 ::: 6/6 05-ABA-256-24.odt Only) each, with one or two sureties each, in the like amount.
(ii) The Applicants shall attend the concerned Police Station from 20/02/2024 to 23/02/2024 between 01.00 to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation.
(iii) This order shall operate till 12/03/2024.
(iv) Stand over to 12/03/2024.
(SARANG V. KOTWAL, J.)
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