Bombay High Court
Uday Jagannath Ghodke vs State Of Maharashtra on 10 November, 2023
Bench: N. J. Jamadar
2023:BHC-AS:34811
501-ABA1880-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1880 OF 2023
Uday Jagannath Ghodke ...Applicant
Versus
The State of Maharashtra and anr. ...Respondents
Mr. Harshad Nimbalkar, Senior Counsel a/w Abhishek Arote,
Anup Lahoti and S. M. Sabu, for the Applicant.
Mr. M. G. Patil, APP for the State/Respondent.
Mr. Sunil Patil, a/w Piyush toshniwal, i/b Harshal Patil, for
the Intervener.
CORAM: N. J. JAMADAR, J.
RESERVED ON: 18th OCTOBER, 2023
PRONOUNCED ON: 10th NOVEMBER, 2023
ORDER:-
1. Heard Mr. Nimbalkar, the learned Senior Counsel for
the applicant, Mr. Patil, the learned APP for the State and Mr.
Sunil Patil, the learned Counsel for the intervener.
2. This is an application for pre-arrest bail in connection
with CR No.214 of 2022, registered with Paud Police Station,
Pune Rural, initially for the offences punishable under
Sections 441, 442, 445, 448, 324, 380 and 504 read with
Section 34 of Indian Penal Code, 1860 ("the Penal Code").
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3. The gravamen of indictment against the applicant is
that a property situated at Gat No.400 and the house bearing
No.297 admeasuring 1000 sq. ft. standing thereon, is the
ancestral property of the first informant and his co-sharers.
The first informant had been in occupation and possession of
the said property. In respect of the subject property
proceedings bearing Special Civil Suit No.385 of 1990, Civil
Appeal No.136 of 2019 and Special Civil Suit No.355 of 2011
are subjudice. On 26th November, 2020 while the first
informant had been to the house of his aunt at Palve
(Budruk), District Nashik, the applicant allegedly taking
undue advantage of the situation, in pursuance of a
conspiracy with his associates, broke open the door of the
first informant's house and ransacked the house and
committed theft of cash, ornaments and other valuable
articles and, thereafter, put his own lock.
4. When the application was listed before the Court on 6 th
July, 2023 this Court was persuaded to grant interim bail
opining inter alia that registered Development Agreement and
an order passed by this Court in Criminal Writ Petition
No.1825 of 2023 dated 7th June, 2023 prima facie indicated
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that the applicant was found to be in possession of the
subject property.
5. The Court was informed the applicant has appeared
before the Investigating Officer in terms of the directions
contained in the said order.
6. The very allegations in the FIR, prima facie, indicate
that the dispute between the parties is primarily of civil
nature. At best, the applicant can be said to have committed
trespass and theft. In the context of the allegations, the
major offence seems to be of theft in a dwelling house, which
entails punishment which may extend upto seven years. On
this score, the discretion can be better exercised in favour of
the accused.
7. On the merits of the matter, indisputably, a registered
instrument has been executed in favour of the applicant on
25th February, 2008. Special Civil Suit No.66 of 1999
instituted seeking a declaration for cancellation of
Development Agreement and Sale Deed came to be dismissed
by the Civil Court at Pune by a judgment dated 28 th
February, 2018. It further appears that the Block
Development Officer, Panchayat Samiti, Mulshi, has rendered
a decision on 25th April, 2022 that property No.297
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admeasuring 1000 sq. ft. referred to in the FIR does not exist
in Survey No.400. Thus, the entry of property No.297 be
deleted from the assessment list (Form No.8).
8. In the backdrop of the pendency of various proceedings
before the Civil and Revenue authorities, it may not be
necessary to delve into the submissions sought to be
canvassed on behalf of the first informant that bear upon
proprietary and possessory title over the subject property. In
the context of remit of this application, it would be suffice to
note that the custodial interrogation of the applicant is not
warranted for further investigation.
9. I am, therefore, persuaded to make the order of interim
bail absolute.
10. Hence the following order:
:ORDER:
(i) The order of interim bail dated 6 th July, 2023 is made
absolute on the terms and conditions incorporated
therein.
(ii) In addition, the applicant shall regularly attend the
proceedings before the jurisdictional Court.
(iii) Application stands disposed.
501-ABA1880-2023.DOC
[N. J. JAMADAR, J.]
