Bombay High Court
Umarali Bawa Fakir Sahib vs State Of Maharashtra And Anr on 30 November, 2023
Author: N.J.Jamadar
Bench: N.J.Jamadar
902 aba 2621 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2621 OF 2023
WITH
INTERIM APPLICATION NO.3768 OF 2023
Umarali Bawa Fakir Sahib ... Applicant
versus
The State of Maharashtra and Anr. ... Respondents
Mr. Rama C. Mishra, for Applicant.
Mr. S.H.Yadav, APP for State.
Mr. Somnath Modne, PSI NRI Sagari Police Station present.
CORAM: N.J.JAMADAR, J.
DATE : 30 NOVEMBER 2023
P.C.
1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in connection with C.R.No.138
of 2023 registered with NRI Sagari Police Station, Navi Mumbai for the offences
punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian
Penal Code.
3. The first informant is the brother of the applicant. The first informant
alleged that Room No.401 situated at Kamal Building, Seawoods, Navi Mumbai, was
acquired by the first informant and his father. However, the instrument was got
executed by the applicant in the name of the applicant and their father. The applicant
and Kamal Batcha, brother in law of the applicant and the first informant, had assured
SSP 1/3
902 aba 2621 of 2023.doc
to execute rectification instrument. In the year 2014, the father of the first informant
passed away. Yet the applicant got executed a Gift Deed on 20 March 2018 by setting
up an imposter. On the basis of the said gift deed, the applicant executed a sale deed
in favour of Smt. Madhuri Jaiswal on 26 April 2018.
4. From the perusal of the allegations in the FIR, it becomes evident that
initially the Instrument was executed in favour of the applicant and his father in the
year 2010. Prima facie, it implies that the applicant was a joint purchaser of the
subject flat. Moreover, the applicant would also be entitled to succeed to his father's
share in the subject flat. That would, otherwise, enhance the share of the applicant in
the subject flat. Thus, having regard to the relationship between the parties, it may be
expedient to implead the first informant as party Respondent to this Application and,
in the meanwhile, grant interim protection to the applicant.
5. Hence, the following order :
ORDER
(i) The applicant shall implead the first informant as party Respondent No.3 to this Application.
(ii) Necessary amendment be carried out forthwith.
(iii) Issue notice to the Respondents, returnable on 10 January 2024.
(iv) Learned APP waives service on behalf of Respondent Nos.1 & 2.
(v) In addition to notice through Court, the applicant is at liberty to SSP 2/3 902 aba 2621 of 2023.doc serve newly added Respondent No.3 by private service and file an Affidavit of Service.
(vi) In the event of the arrest of the Applicant - Umarali Bawa Fakir Sahib in connection with C.R.No.138 of 2023 registered with NRI Sagari Police Station, Navi Mumbai, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
(vii) The Applicant shall co-operate with the investigation and report to NRI Sagari Police Station on 6th, 7th and 8th December 2023 in between 10.00 a.m. to 1.00 p.m., and thereafter, as and when directed.
(viii) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 01/12/2023 20:36:13