Partly allowed

Umaji Panghaji Shelar and Ors. v. State of Maharashtra

Bombay HC20 Jan 2023ABA/163/2023

Case brief

AI extract

What is this about?

Anticipatory bail application sought in three separate proceedings for offences of cheating, forgery, and criminal conspiracy regarding a relinquishment deed. The court rejected bail for the two beneficiaries but granted it to the third applicant who was the alleged relinquishing party.

What did the court decide?

Application rejected for Applicant Nos. 1 and 2; Allowed for Applicant No. 3 on furnishing a PR bond of Rs. 15,000 with one surety.

Umaji Panghaji Shelar and Ors. Vs State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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904-ABA-163-23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 163 OF 2023

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Umaji Panghaji Shelar

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Sopan Panghaji Shelar

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Bugabai @ Gitabai Sahadu Katke …Applicants

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Versus

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The State of Maharashtra …Respondent

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Mr. Vaibhav Ugle a/w Mr. Roshan Chavan for the Applicant. Mr. Amit Palkar, APP for the State.

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CORAM : N.R. BORKAR, J. DATED : 20 JANUARY 2023

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P.C. :-

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This is an application under Section 438 of the Code of Criminal Procedure for anticipatory bail.

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The applicants are apprehending their arrest in Crime No. 359 of 2022 registered at Talegaon Dabhade police station for the offences punishable under Sections 420, 465, 467, 468, 471, 472 read with 34 of the Indian Penal Code.

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The allegations against the present applicants are of preparing the forged relinquishment deed dated 14 December 2000, which is notarized document.

MJ Jadhav

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904-ABA-163-23.odt

The complainant is a Notary. According to him, on the date of execution of relinquishment deed, he was not Notary.

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Considering the fact that the applicant Nos. 1 and 2 are beneficiary of the said relinquishment deed, I am not inclined to release them on anticipatory bail.

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The Application of applicant No. 1 and applicant No. 2 is rejected.

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Digitally signed by MANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2023.02.02 14:59:02 +0530

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As regards the applicant No. 3, she is not the beneficiary. On the contrary, she is alleged to have relinquished her share in the property in favor of the applicant Nos. 1 and 2. I am therefore inclined to release the applicant No. 3 on anticipatory bail. Hence, the following order is passed: (i) Application is partly allowed. (ii) In the event of arrest of applicant No. 3- Bugabai @ Gitabai Sahadu Katke in Crime No. 359 of 2022 registered at Talegaon Dabhade police station for the offences punishable under Sections 420, 465, 467, 468, 471, 472 read with 34 of the Indian Penal Code, she shall be released on bail on furnishing PR bond in the sum of Rs. 15,000/- with one surety in the like amount.

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( N.R. BORKAR, J. )

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MJ Jadhav

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Umaji Panghaji Shelar and Ors. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Umaji Panghaji Shelar and Ors. v. 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

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