Order 1 Bail Appln No.

685/2021

ORDER BELOW APPLICATION (EXH.1) IN

CRIMINAL MISC. APPLICATION NO.685 OF 2021
CNR NO.MHST01002270-2021
(Anil Manohar More Vs. State of Maharashtra)

The applicant seeks bail in connection with C.R. No.

107 of 2020, registered with Mahabaleshwar Police Station, for
the offences punishable under Sections 419, 464, 467, 468, 470,
120 B and 420 read with Section 34 of the Indian Penal Code,
vide Section 439 of the Code of Criminal Procedure.

02. Complainant Sanjivan Ramchandra Jagdale, resident

of Bidal, Tal. Man, District Satara, filed complaint bearing Misc.
Application No. 32 of 2020 before the Judicial Magistrate, First
Class, Mahabaleshwar contending that he is a primary teacher.
By registered sale deed dated 15.04.1996 he has purchased land
of 2H.77.12R out of Survey No. 63/2, situated at village Kharoshi,
Taluka Mahabaleshwar, District Satara. As per mutation entry
No. 460 his name has been recorded in the 7/12 record of the
land. On 14.12.2019 he came to know that impostor of his same
name (accused No. 9) has executed sale-deed dated 16.09.2013
in favour of accused Nos. 1 to 4 and accused Nos. 5 to 8 by
signing the sale deed assisted execution of bogus forged sale
deed. As per Mutation Entry No. 721 the purchasers have got
recorded their names to the 7/12 record of the land. Considering
the said facts the Judicial Magistrate, First Class, Mahabaleshwar
came to the conclusion that the accused persons have committed
offences under Sections 419, 468 and 420 of the Indian Penal
Code. Accordingly vide order dated 23.11.2020 below application

                                                           (Page No.1)
Order 2 Bail Appln No. 685/2021

(Exh.1) in the Crim. Misc. Application No. 32 of 2020 he directed

investigation under Section 156(3) of the Code of Criminal
Procedure.

03. On the basis of the order of the Judicial Magistrate the

Police Station Officer of Mahabaleshwar Police Station registered
aforesaid crime.

04. During investigation it is revealed that accused no. 10

i.e. the applicant by executing agreement for leave and license in
favour of impostor in the name of real land owner assisted for
opening bank account. His role being transpired in the
conspiracy on 17.11.2021 the Investigating Officer arrested him.
After grant of police custody the Judicial Magistrate, First Class,
Mahabaleshwar remanded the applicant to judicial custody. Vide
order dated 19.11.2021 below application (Exh. 9) in C.R. No.
107 of 2020 he rejected his bail application.

05. The applicant i.e. accused no. 10 has filed the present
application contending that he has no concern with the crime. He
has not committed any crime. He is permanent resident of
Goregaon East Mumbai. He is ready to cooperate the
investigating machinery and abide by terms and conditions
imposed by the court. Hence he has prayed for his release on
bail.

06. The respondent/State by filing say (Exh. 4) resisted

the application.

                                                           (Page No.2)
Order 3 Bail Appln No. 685/2021

07. Learned advocate for the applicant has submitted that

the applicant is permanent resident of Goregaon East Mumbai.
Accused no. 9 used to reside as a tenant in his building.
Accordingly he has executed the agreement for leave and license.
He has no concern with use of the agreement for opening bank
account or further commission of the crime, if any, by accused
no. 9. His further detention is unwarranted. He is ready to
cooperate the investigating machinery and abide by terms and
conditions imposed by the Court. Hence he has prayed for his
release on bail.

08. Per-contra learned Additional Public Prosecutor has

submitted that since 2009 impostor accused no. 9 was working
with the applicant. He was well aware about his real name.
However knowingly he has assisted him in execution of bogus
leave and license agreement in the name of the real land owner.
By using the said agreement accused no. 9 succeeded to open
fake bank account in the name of real land owner. Thus since
inception the applicant is involved in the conspiracy. With the
conspiracy of the applicant the remaining accused persons
succeeded to commit such type of serious fraudulent act.
Thorough investigation in the matter is essential. Investigation is
in progress. In such circumstances if the applicant is enlarged on
bail there is every possibility of his jumping over the bail as well
as tampering prosecution evidence. Hence, he has prayed for
rejection of the application.

09. Statement of Mahesh Vinod Nagara prima facie

speaks that since 2009 Jay Pailu i.e. accused no. 9 was working in

                                                           (Page No.3)
Order 4 Bail Appln No. 685/2021

the company of the applicant. Statement of Shekhar Manja Naik

also speaks that with the introduction of the applicant Jaysing
Pailu worked in his company. It prima facie indicates that since
2009 the applicant was aware that name of accused no. 9 is Jay
alias Jaysing Pailu. The agreement of leave and license dated
20.07.2013 however discloses that he has executed the
agreement in his favour in the name of Sanjeevan Ramchandra
Jagdale i.e. in the name of the real land owner. It prima facie
indicates his involvement in the conspiracy, on the basis of which
accused no. 9 succeeded to execute sale deed by using name of
the real land owner. It prima facie indicates his involvement in
the commission of the crime. Considering gravity of the offences
leveled there is need of complete and thorough investigation in
the matter. Investigation is in progress. In such circumstances if
the applicant is enlarged on bail there is every possibility of
tampering the prosecution evidence. Hence, at this stage of
progress of investigation, it is not desirable to enlarge the
applicant on bail. In the result, the application deserves to be
rejected. Accordingly, I pass following order :

ORDER

The application is rejected.

SATARA. ( S.G. Nandimath )

04th December, 2021 Addl. Sessions Judge, SATARA.

                                                           (Page No.4)