Single judge allowed anticipatory bail apprehending arrest in land dispute criminal case ruling investigation can proceed with applicant attending police station as documents are registered and secureable without custody.
Anticipatory bail allowed on terms of order dated 11th April 2023, with direction to attend police station.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 506 OF 2023
VIJAYKUMAR VISHWANATH KAPSE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER
Mr. S. S. Manale, Advocate for the applicant Mr. S. P. Sonpawale, APP for the respondent/State
CORAM : R. M. JOSHI, J. DATE : 07/06/2023
P.C. :-
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him that number of persons have made constructions on those plots. It is stated that those plots were purchased from Trivenibai Lagaskar who was owner of gut No. 76 to the extent of 1 H 22 R land and that she has made 68 plots in the said land. It is alleged that present applicant and others in collusion with each other have got prepared a private lay out and thereby the plots therein were sold. On these allegations offence is registered and applicant apprehends arrest.
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wrongly recorded as 1 H 52 R. Thus, it is contention that on the basis of wrong mutation entry Trivenibai has claimed more area than she purchased and therefore whether the area sold on basis of power of attorney by applicant or by Trivenibai to informant and others is a matter of dispute to be resolved by the civil court, and in no case it can constitute an offence.
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executed by the original owner in favour of the applicant. It is also clear from the lay out prepared by Trivenibai for the purpose of sale of the land indicates that the lay out is in respect of the land admeasuring 1 H 52 R where she was sold area of 1 H 22 R land only. It could be therefore subject matter of dispute before the Civil Court. Prima facie there is lack of evidence of any fabrication of document or deception of informant and owners of plots, in order to attract provisions of IPC against applicant. It is not in dispute that in this offence there is only documentary evidence and almost all documents connected with present applicant are registered one, which can be secured by Investigating Agency for concerned authorities. Thus, for the purpose of investigation custody of the applicant is not necessary. Appropriate direction to him to attend concerned police station would be sufficient for further effective investigation. Hence application is allowed on the same terms of order dated 11th April, 2023.
(R. M. JOSHI, J.)
ssp
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2 issues framed by the court
Whether anticipatory bail is maintainable when the offence relies on registered Power of Attorney for layout and sale of land.
Whether custody of the applicant is necessary for investigation given that documentary evidence can be secured by the agency.
1 provisions across 1 enactments
VIJAYKUMAR VISHWANATH KAPSE
STATE OF MAHARASHTRA
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
