Sachin Manohar Deshmukh And Ors vs The State Of Maharashtra And Anr
2023 Latest Caselaw 3523 Bom

                                                                 15-apl366-2023.doc


 VRJ
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPLICATION NO.366 OF 2023


 Sachin Manohar Deshmukh & Ors.                   ... Applicants
            V/s.
 The State of Maharashtra & Anr.                  ... Respondents

 Mr. Harshad Palve i/by Mr. Mayur Thorat for the
 applicants.
 Mr. Arfan Sait, APP for the respondent No.1/State.



                               CORAM     : AMIT BORKAR, J.

                               DATED     : APRIL 10, 2023
 P.C.:

1. Issue notice to respondent No.2, returnable on 27th July 2023.

2. Prima facie, the applicants are directors of the company in whose favour the document in question has been executed by accused Nos.4 and 8 based on Power of Attorney executed by a person who on the date of execution of such Power of Attorney was living person. On the date of execution of such sale deed, the person had passed away.

3. In view of judgment in the case of Mohd. Ibrahim Vs. State of Bihar, reported in (2009) 8 SCC 751, the applicants have made out a case for grant of ad-interim relief.

15-apl366-2023.doc

4. Till 27th July 2023, there shall be ad-interim relief in terms of prayer clause (b) qua applicants only.

(AMIT BORKAR, J.)