Virendra Narayan Wankhede and Anr. vs State of Maharashtra and Anr.

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902-908 ABA-380-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 380 OF 2025

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Rajesh Dattatray Salunkhe ...Applicant V/s State of Maharashtra And Anr. ...Respondents

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WITH

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ANTICIPATORY BAIL APPLICATION NO. 371 OF 2025

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Virendra Narayan Wankhede And Anr. ...Applicants V/s State Of Maharashtra And Anr. ...Respondents

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Adv. Bhushan Raut for the Applicants in both ABAs. Adv. Anand S. Shalgaonkar, APP for the State in ABA/380/2025. Adv. Nitin B. Patil, APP for the State in ABA/371/2025. Adv. Harshad. M. Inamdar, for Respondent No. 2 in both ABAs. P.I. Suresh Avhad, Sarkarwada Police Station, Nashik City.

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CORAM : RAJESH S. PATIL, J.

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DATED : 18^th FEBRUARY, 2025

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P.C.:

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Mr. Raut, learned counsel for the Applicants in both the

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matters who are accused in the FIR No. 316/2024, on instructions

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submits that the Applicants are ready to co-operate by attending

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the police station and submitting the documents which are in their

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custody. On instructions, he further submits that a photo copy of

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1

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Harish

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902-908 ABA-380-2025.doc

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Development Right Certificate No. 1179 dated 14^th June, 2024, issued by Nashik Municipal Corporation to DRC holders Smt. Savita Mukane, Gaurav Mukane and Krushna Mukane is enclosed to Anticipatory Bail Application No. 380 of 2025 at page No. 137. Out of the said DRC of 5781 sq. mtrs, already 1200 sq. mtrs. has been used. The balance DRC till further orders of this Court would not be put to use.

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Mr. Inamdar, learned counsel for Respondent No.2 submits that the subject land is an Adivasi land and the worth of the same is around Rs. 8 crores. The Informant has filed a Criminal Writ Petition in this Court, since according to the informant, the Investigating Officer is not acting as per the law. He submits that the role of the Investigating Officer and the Police needs to be verified by this Court. He further submits that the signatures of the parties as alleged to be on documents i.e. Confirmation Deed dated 23^rd August, 2023, Power of Attorney dated 14^th September, 2021 and Sale deed dated 17^th September, 2021, needs to be verified by Regional Forensic Science Laboratory, Pune (RFSL).

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The learned APP submits that he will file a short affidavit of the Investigating Officer as regards the factual position

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2

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Harish

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902-908 ABA-380-2025.doc

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whether the subject land is a Adivasi land. He will also verify the signature on the three documents as mentioned by the Informant. Suffice would be the purpose with the following directions being passed :-

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(i) The Investigating Officer is directed to file his reply to the present Anticipatory Bail Applications within a period of two weeks from today.

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(ii) The Police Authorities should take steps to verify the signatures on Confirmation Deed dated 23 August 2023, Power of Attorney dated 14 September 2021 and Sale deed dated 17 September 2021 with the Regional Forensic Science Laboratory, Pune (RFSL). The said exercise should be completed positively within a period of four weeks from today.

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(iii) The Applicants in both the FIR should attend the concerned Police Station on 26^th February, 2025, 27^th February, 2025 and 28^th February, 2025 between 11.00 am to 2.00 pm.

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(iv) The Applicants should co-operate with the police by submitting the documents which are required

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Harish

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902-908 ABA-380-2025.doc

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by the Police.

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(v) The Applicant in Anticipatory Bail

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Application No. 380 of 2025 (Rajesh Dattatray Salunkhe) should also file an affidavit in particular to disclose the fact that the DRC which was generated by the Nashik

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Municipal Corporation, part of which i.e. 1200 sq. mtrs. which according to him has already been utilized, he will give the details as to whom the said DRC of 1200 sq. mtrs. has been sold or use by him. The said affidavit will be filed within a period of two weeks from today.

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Stand over to 24^th March, 2025 under the caption “ for

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urgent circulation .”

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In the meanwhile, no coercive steps be taken against the Applicants.

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(RAJESH S. PATIL, J.)

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Harish

Virendra Narayan Wankhede and Anr. v. State of Maharashtra and Anr.

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Virendra Narayan Wankhede and Anr. v. State of Maharashtra and Anr.

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