Allowed

Anant Krishna Misal v. the State of Maharashtra

Bombay HC22 Jul 2014ABA/865/2014

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Anant Krishna Misal accused of forgery and cheating under IPC sections 420, 465, 468, 471 read with section 34. Bail was granted subject to specific conditions including attendance requirements and document production.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs. 20,000 with sureties, subject to attendance, document production, and non-interference conditions.

Anant Krishna Misal Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2014)

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14 ABA 865 OF 2014

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.865 OF 2014

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Anant Krishna Misal .. Applicant. V/s. The State of Maharashtra .. Respondent.

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Mr. Chetan Gajanan Patil, for the Applicant. Smt. A. A. Mane, APP for the respondent State.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 22^nd July, 2014

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P.C.

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This application is moved for

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anticipatory bail as the applicant is facing charges under Sections 420, 465, 468, 471,

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read with section 34 of the Indian Penal Code

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registered with Murgud Police Station, Tal.

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Kagal, District: Kolhapur, under C.R.No.65 of

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One Sanjay Vishnu Mule, Deputy Registrar

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of Assurances, Kolhapur has given the first

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information report that he is giving this F.I.R. pursuant to the order given by his

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higher authority for filing report with the

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Page No.1 of 5

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police. It is the case of the prosecution that

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one Anjana Shivaji Nalwade, the sister of the applicant accused has given complaint dated

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10.2.2014 in the office of Registrar at Kagal,District: Kolhapur, that the sale deed

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of land admeasuring 6R in new Revision Survey No.223/18 of village Murud, registered under No.1184/2000 is forged. Though her name is

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shown as party-vendor, she was not present at the time of execution, her signature and thumb impression, both are forged. The sale deed was registered with the help of one lady who is personified.

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The learned counsel for the applicant accused has submitted that the impugned sale deed was registered in December,2000 and after 14 years, complaint is given. He further submitted that said Anjana Shivaji Nalwade has filed suit for declaration of the impugned sale deed to be bogus and the said proceedings are pending before the Civil

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Page No.2 of 5

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14 ABA 865 OF 2014

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Court. He has further submitted that the

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applicant is ready to co-operate the police and ready to produce the necessary documents.

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the mother of Anusaya Krishna Mule, Lata

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Musale, Ranjana Appasaheb Bhole, and one Shankar Shivaji Musale. She pointed that all

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these witnesses have stated that they were not

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present at the time when sale deed was executed and submitted in the office of Sub Registrar when said Anjana was not present,

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and she did not put her signature. She pointed

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out that all these witnesess have stated that

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some other lady has signed the said document

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with the help of impersonation and thus by impersonation the applicant accused has executed the said sale deed between him and his mother and the sibling.

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Anjana has given complaint to the office of

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Page No.3 of 5

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14 ABA 865 OF 2014

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Sub Registrar after 14 years. The said sale

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deed is also challenged by Anjana before Civil Court.

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In view of this I am inclined to grant anticipatory bail to the applicant on the

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following terms :-

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Order

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i) In the event of applicant’s arrest

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in above crime, he be released on bail on his furnishing P.R. Bonds in the sum of Rs.20,000/- with one or two sureties in the sum aggregating to Rs.20,000/-,

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ii) The applicant shall attend the concerned police station on every Friday between 6.00 p.m. to 8.00 p.m. till filing of the chargesheet.

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iii) The applicant is directed to produce all the original documents including original sale deed.

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iv) The applicant shall not indulge into any kind of such offence and shall not pressurize the prosecution witnesses.

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v) The applicant shall not, directly or indirectly make any inducement,

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Page No.4 of 5

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14 ABA 865 OF 2014

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threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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vi) The applicant shall not leave India without the previous permission of the trial Court.

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The application is disposed of accordingly.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.5 of 5

Anant Krishna Misal v. the State of Maharashtra

Case brief

What is this about?

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Anant Krishna Misal v. the State of Maharashtra

Case brief

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