Bombay High Court

Kishor Dagdu Mirgal vs The State Of Maharashtra And Anr on 10 January, 2023

Bench: Prakash Deu Naik

Ethape 1 ABA-2648-2022 +3.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2648 OF 2022

Priya Sadanand Parange ...Applicant
Versus
State Of Maharashtra & Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2649 OF 2022

Hemant Anant Bhagat ...Applicant
Versus
State Of Maharashtra & Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2650 OF 2022

Rachana Kamlakar Thale ...Applicant
Versus
State Of Maharashtra & Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2651 OF 2022

Bharat Tukaram Navale ...Applicant
Versus
State Of Maharashtra & Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2868 OF 2022

Jaywanti Bhagaram Mirgal ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2869 OF 2022

Anil Bhagaram Mirgal ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2870 OF 2022

Sunil Bhagaram Mirgal ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
Ethape 2 ABA-2648-2022 +3.doc

WITH
ANTICIPATORY BAIL APPLICATION NO. 2882 OF 2022

Kishor Dagadu Mirgal ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
WITH
ANTICIPATORY BAIL APPLICATION NO. 2883 OF 2022

Dnyaneshwar Dagdu Mirgal ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents

....
Mr. Tejas Dande a/w Mr. Vishal Navale, Grishma Lad, Mr. Bharat
Gadhavi, Mr. Krupanshu Nandu, Mr. Vikrant Khare, Mr. Chinmay
Deshpande, Shama Mulla, Pratik Sabrad, Seema Patil i/b Tejas
Dande and Associates, Advocate for Applicants in all ABA.
Mr. Satyavrath Joshi a/w Mr. Anshuman Asare, Mr. Ankur Pahade,
Mr. Ajinkya Mirgal, Advocate for the Intervenor/Respondent No.2 in
all ABA.
Mr. N. B. Patil, APP for the Respondent - State.

....
Digitally signed
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2023.01.10
CORAM : PRAKASH D. NAIK, J.

17:29:49 +0530

RESERVED ON : 10th OCTOBER, 2022 PRONOUNCED ON : 10th JANUARY, 2023

PC :

1. The applicants are seeking pre-arrest bail in connection

with C.R. No. 118 of 2022 registered with Mahad City Police Station

on 7th September 2022 for offences punishable under Sections 120-B,

193, 196, 199, 200, 406, 420, 465, 467, 468, 471 read with 34 of the

Indian Penal Code.

Ethape 3 ABA-2648-2022 +3.doc

2. The case of the prosecution is that, the grand-father of

the complainant late Mahadeo Babaji Mirgal had three brothers

namely Laxman Babaji Mirgal, Pandurang Babaji Mirgal and Devji

Babaji Mirgal. All of them were owner of ancestral property situated

at Mauje Karanjadi Gut No.778/A/B admeasuring around 6270

square meter. The complainant, his brother, sister, grand-fathers

namely Laxman Mirgal, Pandurang Mirgal and their children are the

legal heirs to the said property. There was no partition of the

property. The said property Gut No.778/A/B admeasuring 6270

square meter was acquired by the Government of Maharashtra

during the period of 2005 to 2006. The names of all the legal heirs

were not recorded on 7/12 extract. The name of complainant's uncle

Dagadu Pandurang Mirgal and Bhagaram Pandurang Mirgal were

reflected on 7/12 extract. The surveyor has awarded compensation

of Rs.53,995/- for acquisition of the property. Being aggrieved by

the quantum of compensation, the complainant's uncle and legal

heirs filed suit before the Civil Court at Mahad for enhancement of

compensation amount. The said suit was filed in 2006 and it was

registered as LAR No. 1/2006. The suit was allowed and vide order

dated 11th April, 2017, the compensation was enhanced to Rs.

1,35,56,029/-. Pursuance to the said order, the amount was

deposited in the Court on 22nd April 2019. Complainant's uncle

Dagadu Pandurang Mirgal, Bhagaram Pandurang Mirgal and their Ethape 4 ABA-2648-2022 +3.doc

legal heirs Nathuram Mirgal, Sunil Mirgal and Anil Mirgal initiated

the proceeding before the Civil Court at Mahad vide Special Darkhast

No.60 of 2019 on 11th February 2019. The legal proceedings were

looked after by their advocate Shri. Bharat T. Nawale. Mr. Nawale

had been the advocate for representing Dagadu Mirgal and

Bhagaram Mirgal since 2006. The application was singed by the

advocate Mr. Bharat T. Nawale. Special Darkhast application was

bearing thumb impression of Dagadu Pandurang Mirgal and

Jayavanti Bhagaram Mirgal dated 11 th February 2019. Nathuram

Bhagaram Mirgal, Sunil Bhagaram Mirgal and Anil Bhagaram Mirgal

had signed the said application. Affidavit was executed in the Civil

Court at Mahad by Dagadu Mirgal stating that the contents of the

application are true. The affidavit bears the thumb impression of

Dagadu Mirgal and it is signed by advocate Mr. Hemant Bhagat.

Advocate Mr. Bharat Nawale has signed as Advocate for the applicant

therein. The Vakalatnama is having thumb impression of Dagadu

Pandurang Mirgal. Dyaneshwar Mirgal and Kishor Mirgal were the

sons of Dagadu Mirgal and they suppressed the fact that the Dagadu

Mirgal is no more. Dagadu Mirgal had expired on 26 th January 2019

and his funeral was attended by complainant. His death was

registered at Karanjali Gram Panchayat. Thus, with an intention to

deprive the complainant of the compensation, the legal heirs of

Dagadu Pandurang Mirgal namely Jayvanti Bhagaram Mirgal, Ethape 5 ABA-2648-2022 +3.doc

Nathuram Bhagaram Mirgal, Sunil Bhagaram Mirgal, Anil Bhagaram

Mirgal, Advocate Mr. Bharat T. Nawal, Advocate Rachna Thale,

Advocate Priya Parange and Advocate Hemant Bhagat had acted in

connivance inspite of knowing that Dagadu Mirgal had expired. The

application was filed on his behalf bearing his thumb impression.

Thus, accused has created false document and represented it to be a

genuine document in the Court.

3. The applicants had preferred an applications for

anticipatory bail before the learned Additional Sessions Court at

Mangaon District Raigad. The applications were rejected vide order

dated 20th September 2022.

4. The contentions of the applicants in support of grant of

pre-arrest bail are as follows:-

(i) The applicants in Anticipatory Bail Application Nos.

2648 of 2022, 2649 of 2022, 2650 of 2022 and 2651 of 2022 are

advocates by profession. They are not involved in fabrication of any

documents.

(ii) Custodial interrogation of the applicants is not

necessary. The applicants are willing to co-operate with the

investigation.

(iii) The FIR is false. It has been registered with malafide

intention to pressurize the applicants in Anticipatory Bail Application Ethape 6 ABA-2648-2022 +3.doc

Nos.2868 of 2022, 2869 of 2022, 2870 of 2022, 2882 of 2022 and

2883 of 2022 to give up their claim towards compensation awarded

for acquisition of land.

(iv) The first informant has no connection with the subject

land acquisition and execution proceedings. The name of first

informant is not mentioned in 7/12 extract of the land, which was

acquired as he was not even party in the initial land reference and

the enhancement proceedings pursued by beneficiaries. When huge

compensation amount was awarded by way of compensation, the

first informant claimed his right in the compensation and initiated

the criminal proceeding. The FIR is motivated and filed with

malafide intention to pressurize the beneficiaries and their

advocates.

(v) The complainant had filed suit for partition prior to

initiation of criminal proceedings, which also shows that there is

dispute in respect to shares in the said property.

(vi) The complainant had filed genealogy in RCS No. 98 of

2019 which indicates that he is not from the family of beneficiaries

i.e. accused Nos. 1 to 4 and legal heirs of Dagadu Mirgal.

(vii) The enhancement order was passed in LAR No.1 of 2006

on 11th April 2017. The beneficiaries visited the Court on 22 nd

November 2019. Affidavit was affirmed by Dagadu Mirgal on 22 nd Ethape 7 ABA-2648-2022 +3.doc

November 2018 which was required for filing execution proceedings.

The said affidavit was affirmed in presence of Assistant

Superintendent of Mahad Court. All the compliances could not have

been done by the beneficiaries on that day and hence it was decided

that they would again visit the Court for filing execution

proceedings.

(viii) The beneficiaries again visited the Court of Civil Judge

Senior Division, Mahad on 24 th January 2019. Dagadu Mirgal was

aged around 81 years was not in good health and was not in a

position to sign the document. It was suggested by accused Nos.1 to

4 and 9 that thumb impression of Dagadu Mirgal be obtained on

Court papers. Hence, in the presence of his son and legal heirs of

Bhagaram Mirgal, Dagadu Mirgal applied his thumb impression on

Vakalatnama and execution application i.e. Special Darkhast No. 60

of 2019.

(ix) Dagadu Pandurang Mirgal died on 26th January 2019.

(x) The Civil Judge Senior Division, Mahad is a camp Court

and filing of matters is done before the Civil Judge Senior Division,

Alibaug as it is the main Court for Raigad District. On 11 th February

2019, the execution application was filed before the Civil Judge

Senior Division, Alibaug. The advocates were not informed about

the death of Dagadu Pandurang Mirgal till 27th June 2019.

 Ethape                           8                      ABA-2648-2022 +3.doc

(xi)        Compensation amount was deposited in the Court of

Civil Judge Senior Division, Mahad on 22 nd April 2019. The

Application was preferred for withdrawing the said amount on 30 th

April 2019. The application for withdrawal was allowed by order

dated 25th June 2019. The order dated 25th June 2019 was

communicated to the legal heirs on 26 th June 2019. The facts about

the death of Dagadu Mirgal informed to the advocates on 26 th June

2019. The beneficiaries i.e. accused Nos. 1 to 4 are legal heirs and

Dagadu Mirgal were asked to remain present in the Court on 27 th

June 2019. On the same day, the advocate preferred an application

for taking the matter bearing Special Darkhast No.60 of 2019 on

board before the court of Civil Judge Senior Division, Mahad.

Alongwith the said application, the application for bringing legal

heirs of deceased Dagadu Mirgal on record as well as application for

condonation of delay was filed. Due to inadvertence, the application

were put up by the Judicial clerk in the files bearing Special Darkhast

Nos. 61 and 62 of 2019. The said fact is evident from the receipt of

certified copies which were issued on 20th September 2022.

(xii) On 6th June 2019, Regular Civil Suit No. 98 of 2019 was

filed by first informant seeking partition of acquiring property

wherein the application praying for injunction against the

withdrawal of amount was preferred. On 13 th August 2019 the Ethape 9 ABA-2648-2022 +3.doc

complainant preferred an application under Order XXI Rule 99 of

Code of Civil Procedure objecting the withdrawal of the amount in

favour of beneficiaries in LAR No. 1 of 2006. Vide order dated 30 th

November 2019, the application was rejected.

(xiii) Since the complainant realized that he is not going to

get any favourable orders through Civil Court, he filed complaint

before the Mahad Taluka Police Station on 11 th December 2019. The

police conducted inquiry. The statement of applicants were recorded

on 20th December 2019 and 23rd December 2019. Considering the

statements, the police did not take cognizance of complaint dated

11th December 2019.

(xiv) The complainant filed another complaint with Mahad

Taluka Police Station on 27th April 2020. On 19th May 2020, the

Mahad Taluka Police Station replied to the complainant that the

cognizance of the said complaint cannot be taken by them and he

shall approach appropriate Court for necessary Orders.

(xv) The complainant was not party to land acquisition

proceedings until passing of Award dated 11 th April 2017 and never

made any application prior to 11 th April 2017 despite knowing that,

the land acquisition proceedings were pending before the Reference

Court wherein original claimants viz. Dagadu Pandurang Mirgal and

Bhagaram Pandurang Mirgal were rightful claimants as all their Ethape 10 ABA-2648-2022 +3.doc

names is reflected in 7/12 extract of the land and notices under the

land acquisition Act were issued in their names. Vide judgment and

award dated 11th April 2017 the Reference Court enhanced the

compensation to the tune of Rs.1,34,56,029/-.

(xvi) Before taking recourse to criminal law, the complainant

had availed civil remedies. The suit was filed being Regular Civil

Suit No. 98 of 2019 and application under Order XXI Rule 99 of

C.P.C. was filed under Special Darkhast No. 60 of 2019 on 13 th

August 2019 seeking impleadment as a party to the proceedings and

objecting the execution of Award dated 11 th April 2017. The said

application was rejected on 30th November 2019. Thereafter,

complaint was filed on 11th December 2019 with Mahad Taluka

Police Station. Subsequently the complainant filed private complaint

before the Court of learned Magistrate on 13 th August 2020 and

directions were issued under Section 156 (3) of Cr.P.C.

5. Learned APP submitted that the accused were involved

in forgery of document. Custodial interrogation of the beneficiaries

is necessary. The record indicates that, Dagadu Mirgal could sign

and there was no necessity of execution of thumb impression. The

thumb impression was fabricated. Deceased Dagadu Mirgal had

expired. It was the responsibility of the beneficiaries to bring this

fact to their advocates that Dagadu Mirgal had expired.

Ethape 11 ABA-2648-2022 +3.doc

6. Learned Advocate for respondent No.2/complainant

submitted that the offence is of serious nature. Custodial

interrogation of the applicants is necessary. False and fabricated

documents were submitted before the Court. The advocates were

involved in identifying the thumb impression of the deceased.

Gravity of the offence is required to be seen. This is not feet case to

grant anticipatory bail. The Affidavit of Dagadu Mirgal is false

document.

7. The documents on record would indicate that the

complainant was not party to the acquisition proceeding. On

inspection, compensation was awarded for acquiring the land. Suit

was filed for enhancement of compensation. The Court allowed the

enhancement of compensation. Special Darkhast proceedings were

initiated for withdrawing the amount. The complainant had initiated

Civil Proceeding. It appears that, he could not get relief from the

Civil Court. Complaints were filed with Police Station. Inquiry was

conducted by Police. Cognizance of complaint was not taken by

Police. Complaint was filed before the Court. Directions under

Section 156(3) of Cr.P.C. were issued. FIR was registered. Dagadu

Mirgal was the senior citizen. He died on 26 th January 2019.

Dagadu Mirgal and legal heirs Bhagaram Mirgal had filed Special

Darkhast No. 60 of 2019. Affidavit was filed alongwith execution

application. During the lifetime of Dagadu Mirgal, his affidavit was Ethape 12 ABA-2648-2022 +3.doc

affirmed on 22nd November 2018 in presence of Assistant

Superintendent of Mahad Court. After learning about the death of

Dagadu Mirgal, Advocates representing the accused had advised

them to file an application on 22nd June 2019 for taking the matter

bearing Special Darkhast No. 60 of 2019 on board before the Court

of Civil Judge Senior Division, Mahad. Application was filed for

bringing legal heirs of deceased Dagadu Mirgal on record along with

application for condonation of delay. The entire matter relates to

document. The contention of the applicants is that, filing of

execution application, affidavit in support of such an application and

the Vakalatnama which was filed before the Court on 11 th February

2019 was signed by Dagadu Mirgal on 22nd November 2018 and 24th

January 2019. The signature and thumb impression of Dagadu

Mirgal was made in the presence of legal heirs and beneficiaries of

the Award. Money was not disbursed from the Court treasury. Prima

facie it appears that the Advocates had acted under the bonafide

presumption that, Dagadu Mirgal is alive. The applicant Jayavanti

Bagaram Mirgal is the legal heir of late Bhagaram Pandurang Mirgal

and other beneficiaries are rightful beneficiaries of enhanced

compensation. After knowing the fact that Dagadu Mirgal being

passed away, the beneficiaries were advised to carry out the death

certificate of Dagadu Mirgal and details of his legal heirs.

Application for bringing legal heirs had filed on 27 th June 2019 along Ethape 13 ABA-2648-2022 +3.doc

with Application for condonation of delay. Considering the factual

aspects of this matter, the applicants need not be subjected to

custodial interrogation. Pre-arrest bail can be granted to the

applicants on certain conditions. Hence, I pass the following order:-

ORDER

i) Anticipatory Bail Application Nos.2648 of 2022, 2649 of 2022, 2650 of 2022, 2651 of 2022, 2868 of 2022, 2869 of 2022, 2870 of 2022, 2882 of 2022 and 2883 of 2022 are allowed;

[

ii) In the event of arrest of applicants in C.R. No. 118 of 2022 registered with Mahad City Police Station, the applicants be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- each with one or more sureties in the like amount;

iii) Applicants shall appear before the Investigating Officer on 16th 17th 18th 19th and 20th January, 2023 between 11.00 am. to 01.00 pm. and thereafter as and when called for till filing of charge-sheet.

iv) Applicants shall co-operate with the investigation and in the event they are called upon to submit their specimen handwriting, they shall provide the same to the Investigating Officer.