Bombay High Court
Chaya Tukaram Bhoi vs The State Of Maharashtra on 31 January, 2020
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
903-aba-159-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 ANTICIPATORY BAIL APPLICATION NO.159 OF 2020
CHAYA TUKARAM BHOI
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Deshmukh Ramraje A.
APP for Respondents-State : Mrs. R. P. Gaur
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 31st January, 2020.
ORDER :
. Heard learned Advocate appearing for the applicant and learned APP.
2. It has been submitted on behalf of the applicant that the informant took charge as Deputy Superintendent of Land Records, Tuljapur on 01-11-2017 and in the FIR he mentioned that since then till the date of information i.e. 04-01-2020, as regards the various mutation entries, it is stated that the present applicant and other three persons have illegally sanctioned them when they had no powers at all.
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903-aba-159-2020.odt
3. It is submitted that main allegations are against accused Nos.1 to 3 and only in respect of three mutation entries, it is alleged that even the present applicant, with common intention, had committed the offence along with the other accused persons. When the matter was before the learned Additional Sessions Judge, learned D.G.P. had made a statement that there is possibility of involvement of the informant also. Therefore, taking into consideration the allegations, the physical custody of the applicant is not required. He also submitted that ad-interim protection is granted to two of the co-accused persons by this Court.
4. Per contra, the learned APP submitted that the allegations are serious and even false mutation entries have been prepared by all the accused persons, therefore, definitely physical custody is required.
5. The contents of the FIR shows that the alleged act is stated to have committed between 01-11-2017 to 02-01-2020. It is stated that on 02-01-2020, there was inspection of the office by District Superintendent of Land Records, Osmanabad and at that time, the facts were revealed. The question, therefore, arises that when since 01-11-2017, the informant was serving as Deputy Superintendent of Land Records i.e. the head of the said office at Tuljapur, then how he could not have noticed any such illegal
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903-aba-159-2020.odt activity.
6. It has been submitted on behalf of the applicant that none of the owners of the lands, in respect of which the mutation entry has allegedly been prepared, have ever made any complaint. The allegations against the applicant and others is that they have committed offences punishable under Sections 420, 468, 471 read with Section 34 of Indian Penal Code.
7. Taking into consideration the duration of the alleged offence with the fact that the informant himself was the head of the office, till the papers are perused, the interim protection deserves to be granted. Hence, the following order :-
ORDER I) Issue notice to the respondent. Learned APP waives notice for respondent-State.
II) In the event of arrest of applicant in Crime No.06 of 2020 dated 04-01-2020 registered with Tuljapur Police Station, District Osmanabad for the offences punishable under Sections 420, 468, 471 read with Section 34 of Indian Penal Code, she be released on P. R. Bond and
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903-aba-159-2020.odt S.B. of Rs.15,000/- each.
III) Though the applicant is a lady, yet, taking into consideration the allegations, especially in respect of Sections 468 and 471, the attendance is to be given.
IV) The applicant shall remain present before the Investigating Officer, on every Sunday, between 10.00 a.m. to 12.00 noon, till further orders.
V) Stand over to 17-02-2020.
[SMT. VIBHA KANKANWADI, J.]
SCM
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