RAJGOPAL VISHNUDAS GUDGILLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure seeking bail in the event of arrest of the applicants in connection with Crime No. 219/2019, registered with Parali City Police Station, District Beed for the offences punishable under Sections 420 , 468 , 476 , 471 , read with Section 34 of the Indian Penal Code.

(2.) In sum and substance the allegations as can be gathered are to the effect that there was a person by name Bajranglal having properties in Rajasthan. With an ill intention to grab his properties without there being any relation with him, the applicants tried to obtain a death certificate at Parali (Vaijnath) and for that purpose tried to manipulate the Municipal birth and death record of one Papalal who died at Parali (Vaijnath) posing that Papalal is none else but Bajranglal. It is further alleged that the applicants managed to obtain the death certificate and even succeeded in mutating their names to the properties of Bajranglal in Rajasthan and even sold it under a registered sale-deed. It is also alleged that soon after the complainant/ informant raised an objection with the Chief Officer of the Municipal Council Parali(Vaijnath), by the order dated 21.09.2017 he cancelled the order modifying the names in the death certificate of Papalal. In spite of that the applicants were successful in getting their names mutated to the property of Bajranglal and disposed it of.

(3.) Learned advocate Mr. Durrani for the applicants vehemently submits that it is purely a civil dispute. A belated attempt is being made to give criminal drapings. Already the applicants have filed a Writ Petition in this Court challenging the order of the learned Chief Officer cancelling the modification of the death record.