Rajendra Panditrao Jagtap vs The State Of Maharashtra
2021 Latest Caselaw 2307 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

        CRIMINAL ANTICIPATORY BAIL APPLICATION (STAMP) NO. 3141 OF 2020

    Rajendra Panditrao Jagtap                             ... Applicant
          versus
    The State of Maharashtra & Anr.                       .... Respondents

                                    .......
    Mr. Amey Deshpande, for the Applicant.
    Mrs. A. A. Takalkar, APP for State-Respondent No.1.
    Mr. Aamir Malik a/w. Ms. Khusbhu Marwadi i/b. Jay & Co., for
    Respondent No.2.
    Mr. Kiran Tukaram Rondale, Asst. Police Inspector, Mumbai Naka
    Police Station, Nashik City.
                                     .....

                                  CORAM     : SARANG V. KOTWAL, J.
                                  DATE      : 04th FEBRUARY, 2021

    P.C. :


    .                The applicant is seeking anticipatory bail in connection

    with C.R.No.310 of 2020 registered at Mumbai Naka Police

    Station, Dist. Nashik, under Sections 416, 420, 463, 464, 465, 467,

    468, 470, 471, 120B of Indian Penal Code. This F.I.R is lodged on

    12th September 2020.

    2.               The gist of the F.I.R is that the first informant Prakash

    Choudhary was owner of the land at Plot No.13 in Survey

Manjusha




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 No.260/1B/14 within the limits of Nashik Municipal Corporation.

 This land was transferred fraudulently to one Narendra Singh. At

 the time of registration of the Sale Deed, some impersonator stood

 in place of the original owner- informant Prakash Choudhary. The

 present applicant had identified that impersonator as the real

 owner of the land. Thus, the applicant knowingly had committed

 this offence. On this basis, the F.I.R was lodged.

 3.               Heard Mr. Amey Deshpande, learned Counsel for the

 applicant, Mrs. A. A. Takalkar, learned APP for State and Mr. Aamir

 Malik, learned Counsel for Respondent No.2.

 4.               Learned Counsel for the applicant submitted that the

 purchaser in that Sale Deed himself had lodged another F.I.R. vide

 C.R. No.270/2020 at Adgaon Police Station, Dist. Nashik on the

 same allegation in respect of the registration of the same Sale

 Deed. He submitted that in that connection, the applicant was

 arrested and released on bail. He therefore, submitted that for the

 same transaction and on the same allegations, the applicant can

 not be arrested again. He relied on the Judgment of the Hon'ble

 Supreme Court in the case of Babu Bhai V/s. State of Gujarat and




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 Ors. reported in (2010) 12 Supreme Court Cases 254.

 5.               Learned Counsel for respondent No.2 as well as the

 learned APP sought time to answer this legal question.

 6.               On their request, the matter is adjourned with

 continuation of interim relief granted earlier in favour of the

 applicant. Hence the following order.

                                     ORDER

1. Stand over to 11th March 2021.

2. Interim order granted earlier to continue till then.

(SARANG V. KOTWAL, J.)