Dismissed

Vijay Vasantrao Deshmukh v. the State of Maharashtra

Bombay HC4 Dec 2009APPLN/4630/2009

Case brief

AI extract

What is this about?

In an anticipatory bail application under Sections 420, 465, 467, 468, 471 IPC read with Section 34 IPC, the court rejected the claim that the applicant was falsely implicated. Considering witness statements alleging he impersonated another person and withdrew funds from deposited accounts, the court held there were prima facie grounds for arrest.

What did the court decide?

Application for anticipatory bail dismissed; leave to arrest granted to the applicant.

Vijay Vasantrao Deshmukh Vs the State of Maharashtra — Succession and Inheritance | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 4630 OF 2009

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Vijay Vasantrao Deshmukh...Applicant
vs.
The State of Maharashtra...Respondent

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Mr.Shirish Gupte, Sr.Counsel i/b. MR.Sandeep S.
Salunkhe for the Applicant.
Mr.Y.M.Nakhwa, APP for the State.

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CORAM : V.M. KANADE, J.

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 DATED : DECEMBER 4, 2009

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P.C. :-

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1Heard Counsel for the applicant and APP for
the State.

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2The applicant apprehends arrest in

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connection with an offence registered vide C.R.No.

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465/2009 with Meera Road Police Station punishable

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under Sections 420, 465, 467, 468, 471 read with 34
of the IPC.

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3It is the case of the prosecution in brief

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is that one Ramu Kini was serving with his father

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and was the owner of a land situated at Meera Road.

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During his life time, he made a Will in favour of

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the complainant and expressed his intention to

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bequeath the said property to the complainant. The

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said Will was registered on 18th January, 1997 and he

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died on 11th February, 1997. Later on, he came to

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know that one Baliram Bhandari and his family had
claimed to be the legal heir of said Ramu and the

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said land was transferred in their name. A civil

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suit was filed in Civil Court, Thane. A Power of
Attorney was executed by Bhandari family on 14th

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January, 2007 and it is alleged that the name of
Bhandari family was deleted from the record of
rights in respect of the said land and name of

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Devyog Builders was recorded. The complainant made
enquiries and came to know that one Rohit Goyal and

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his father Devendra Goyal were the Directors of the
said firm and that they had forged false documents

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by producing fictitious persons in the place of

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Bhandari family and got the Sale Deed executed with
the intention to grab the said land. Accordingly,
complaint was lodged with the Meera Road Police
Station and nine persons were arrested. The
applicant is seeking anticipatory bail.

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concerned in any manner with the said transaction

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and is falsely implicated. No allegation is made
against him in the FIR and he is not concerned with
the said M/s.Devyog Builders or its partners and he
neither knows the Goel family or Bhandari family.

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5An affidavit in reply is filed by the State
in which it is alleged that the present applicant
posed himself as one Sunil More and in fact, the

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present applicant was responsible for getting the
said documents registered. The amount which was

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deposited in the bank also was withdrawn by the
present applicant. The statements of number of

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witnesses have been recorded who has deposed that
the present applicant viz. Vijay Deshmukh is the
same person Sunil More and he was responsible for
making payment to various persons.

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6 Taking into consideration the allegations

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which are made against the present applicant and the
statements of witnesses who have stated that the
present applicant is the same person who had posed

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as Sunil More and the statements of Bank officers
who have also stated that the present applicant has
withdrawn the said amounts which were deposited in
the various accounts, in my view, this is not a fit
case for grant of anticipatory bail.

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6The application, accordingly, is dismissed.

Vijay Vasantrao Deshmukh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vijay Vasantrao Deshmukh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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