An anticipatory bail application was filed by an accused alleged of forgery for selling property after the Power of Attorney holder's death. The court granted bail with conditions requiring the surrender of original documents and thought.
Anticipatory bail granted with conditions to hand over original documents within 15 days and report to police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sherla V.
aba.436.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.436 OF 2014
Shri Chhagan Raichand Oswal ... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Niranjan Mundargi i/b Gaurav Parkar for the Applicant Ms.A.A. Mane, APP, for Respondent – State Mr.S.M. Atigre, PSI, Khalapur Police station, Raigad – present
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: JULY 22, 2014
P.C.:
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aba.436.2014.doc
property under section 43/63 of the Bombay Tenancy and Agricultural Lands Act to sell the landed property of Bheemabai having authority as Power of Attorney holder. These applications seeking such permission were submitted in the office of the Tehsildar, Khalapur. The permission was obtained on the basis of the forged document. Thereafter, he entered into a sale deed whereby he himself was to buy the said property. When this fraud was detected, the officers in the Tehsil office verified on the basis of the death certificate of late Bheemabai and found that the Power of Attorney was cancelled due to her death. Therefore, the report was given to the police.
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aba.436.2014.doc
Attorney is required to be recovered so also the original sale deed is also required to be recovered.
i) In the event of arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;
ii) The applicant shall not tamper with the evidence. iii) The applicant shall cooperate with the investigating officer add hand over the original copy of the alleged sale deed and the Power of Attorney to the police within 15 days from today and shall report to the concerned police station every Thursday between 10am to 11am, till the filing of chargesheet and shall attend on
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether anticipatory bail be granted to the applicant accused of forgery regarding sale of landed property.
Whether custodial interrogation is necessary given the applicant's readiness to hand over original documents.
3 provisions across 3 enactments
CHHAGAN RAICHAND OSWAL
STATE OF MAHARASHTRA
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
