Allowed

Hanamant Pandurang Chavan v. the State of Maharashtra

Bombay HC2 Nov 2023ABA/1421/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application, the applicant apprehended arrest for offences under the Indian Penal Code involving creation of false documents to grab property. This Court found substance in the contention of false implication and allowed the application, confirming an interim order.

What did the court decide?

Anticipatory bail application allowed, interim order dated 28th August, 2023 confirmed.

Hanamant Pandurang Chavan Vs the State of Maharashtra — Property and Title | Bombay HC (2023)

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940-ABA-1421-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1421 OF 2023

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HANAMANT PANDURANG CHAVAN

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VERSUS

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THE STATE OF MAHARASHTRA

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...

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Advocate for Applicants : Mr. A. B. Dhongade
APP for Respondents: Mr. S. W. Munde

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...

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CORAM:R.M. JOSHI, J
DATE:NOVEMBER 02, 2023

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PER COURT :

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1.Applicant apprehends arrest in connection with

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with C.R. No. 164 of 2023 registered with Shivajinagar

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Police Station, Dist. Nanded for the offences
punishable under Sections 420, 467, 468, 471, 506 and
34 of the Indian Penal Code.

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2.Anilkumar reported to the police about the
alleged execution of false documents by the co-accused
in respect of plot nos. 9, 10 and 11. It is the
contention of the informant that he is the owner of
5250 sq.ft area from plot no. 9. He alleges that co-
accused by executing false documents are trying to grab
his property.

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Page 1 of 3

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940-ABA-1421-2023.odt

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3.Learned Counsel for the Applicant submits that

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except for the name of the present Applicant in the
FIR, there is absolutely nothing to indicate his
involvement in the crime. He further submits that in
respect of the document referred in the FIR, he is
neither party nor even witness to the said document. He
placed on record certificate copy of OMCA No. 172/2023
filed by the informant herein before JMFC, Nanded
wherein the report of police was called by order dated
12.04.2023. He submits that in suppression of the said
fact, present FIR came to be filed on 02.06.2023. It is
his further submission that in the application made
before the Magistrate present Applicant is neither
accused nor any allegation is made against him. Thus,
according to him, it is a case of false implication.

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4.Learned APP opposed the application mainly by
relying upon the allegations in the FIR. It is
submitted that specific allegations are made of
creating false documents in order to grab property.

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5.At the outset, it needs to be recorded that in
the FIR except for the vague statement that present
Applicant in collusion with co-accused committed crime,

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Page 2 of 3

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940-ABA-1421-2023.odt

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there is absolutely nothing to indicate his involvement
in the crime. The certified copy placed on record of
OMCA No. 172/2023 prima facie falsifies the allegations
made against present Applicant in the FIR. This Court,
therefore, finds substance in the contention of learned
Counsel for the Applicant that this could be a case of
false implication.

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6.Having regard to these facts, application
stands allowed by confirming interim order dated 28th
August, 2023.

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Malani

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Page 3 of 3

Hanamant Pandurang Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Hanamant Pandurang Chavan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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