The High Court rejected an anticipatory bail application wherein the applicant sought pre-arrest bail in a cheating and forgery case. The court found prima facie evidence of complicity and declined pre-arrest protection to facilitate investigation. The application was dismissed.
Pre-arrest bail and protection denied; application rejected.
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.
8. ABA 926 - 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No. 926 / 2021
Khalil Mohammed Sayyed Juwari
.. Applicant
Vs.
The State of Maharashtra
.. Respondent
****
Mr. Parag P. Pokale, Advocate for the Applicant.
Mr. H.J. Dedhia, APP for State.
Mr. Sonawane, A.P.I., Murbad Police Station.
****
CORAM : SANDEEP K. SHINDE J.
DATE : 2nd JUNE, 2021.
VACATION COURT (Through Video Conference)
P.C. : -
1. Applicant seeks pre-arrest bail in connection with the Crime
No. 31 / 2020 registered with Murbad Police Station for the offences
punishable under Sections 420, 465, 467, 468, 471 read with 34 of
the Indian Penal Code, 1860.
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8. ABA 926 - 2021.doc
2. Prosecution case is that Kalu Jagoji Naik was owner of land
bearing Survey No. 29/9 at Village Dehri, Taluka Murbad, Dist. Thane.
Complainant is grandson of Kalu Jagoji Naik. Kalu died long back.
These facts are not in dispute. It is alleged that the Applicant is
estate agent/ broker. Complainant when inquired about the subject
land i.e. Survey No. 29/9, Revenue Authorities informed him that land
was sold by his grand-father Kalu Jagoji Naik to Javed Abdul Kazi vide
registered sale deed dated 19th March, 2012. Indisputably, Kalu Naik
(grandfather of the Complainant) had died 30 years before.
Complainant thus obtained a copy of the sale deed dated 19th March,
2012. It revealed that a unknown person projected and identified
himself to be Kalu Naik, sold the land to Javed Abdul Kazi for
consideration. It is prosecution case that the Sub-Registrar of
assurance admitted the subject sale deed to the registration on the
basis of a certificate issued by Special Executive Magistrate Mr.
Ravindra Dattatray Chavan. A certificate when perused, shows Mr.
Ravindra Chavan identified a unknown person as Kalu Jagoji Naik.
Relying on this certificate, the Registrar admitted the sale deed for
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8. ABA 926 - 2021.doc
registration. In the course of investigation, a statement of Mr.
Ravindra Chavan, has been recorded. He disclosed that certificate
was issued by him at the instance of the Applicant, who had
indentified that person as ‘Kalu Naik’. Investigation revealed, that the
subject land was re-sold by Javed Abdul Kazi. In the course of
investigation, Investigating Officer has recorded a statement of
Advocate Pravin Gopal Bhoir. It shows Adv. Bhoir had issued a Public
Notice (title search) in a local newspaper on 6th August, 2020 at the
instance of Javed Abdul Kazi, prospective buyer of thirteen pieces of
land. I have perused the public notice issued by Adv. Bhoir. It shows
Javed Kazi had agreed to purchase the lands described in the notice
from the Applicant and others. One of the lands is bearing Gut No.
25/5. Admittedly, a revenue record shows the Gut No. 25/5 is not
owned by the Applicant but by forefather of the Complainant.
3. Thus, the evidence on record prima-facie suggest the
Applicant’s complicity in the crime. It appears the Applicant being
estate agent is indulging into selling the lands by committing the act
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8. ABA 926 - 2021.doc
of forgery. Infact, the material on record suggests the Applicant had
not only forged valuable security but misrepresented the Registrar.
4.In consideration of the facts of the case, in my view the
custodial interrogation of the Applicant is required to unearth his
involvement in the crime in question and in such other transactions if
any, executed by him or any other person at his instance. Learned
Counsel for the Applicant could not justify his right over the land Gut
No. 25/5, which Applicant had agreed to sell to Javed Abdul Kazi.
5. Having regard to the facts of the case and nature of
accusations, pre-arrest protection is declined. Application is rejected.
(SANDEEP K. SHINDE, J.)
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2 issues framed by the court
Whether to grant pre-arrest bail in an anticipatory bail application regarding allegations of forgery and cheating.
Whether custodial interrogation of the applicant is required to unearth his involvement in the crime.
1 provisions across 1 enactments
Khalil Mohammed Sayyed Juwari
The State of Maharashtra
SANDEEP K. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court