MOHMAD SAJID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applications No.440 of 2020 and No.479 of 2020 have been filed by the accused persons who are apprehending their arrest in connection with Crime No.79 of 2020, registered on 18-03-2020, with Dharmabad Police Station, Dist. Nanded for the offences punishable under Section 420, 468, 471, 473 read with 34 of the Indian Penal Code .

(2.) Heard learned advocate Mr. P.P. More for the applicant in ABA No.440 of 2020, learned advocate Mr. Taheer Ali Quadri for the applicant in ABA No.479 of 2020, learned advocate Joslyn A. Menezes in Application No.1252 of 2020 and learned Additional Public Prosecutor Mr. V. S. Badakh.

(3.) The learned advocates representing the applicants in both the matters have vehemently submitted that, they have been falsely implicated by the informant who claims to be a social worker and a news editor. The applicants had purchased house in Dharmabad, and then while selling the same, it is stated that they have attached a certificate which was falsely prepared under the signature of the chief Officer of the Municipal Council. So also there was false seal affixed on the said certificate. The certificate was necessary in view of the order by Tahsildar and the fact that the property is situated in Gaothan and crowded area. The said certificate has been made compulsory. Both the learned advocates submitted that, the applicants in both the matters had engaged an agent to carry out all those activities i.e. to bring a certificate from the Municipal Council. The contents of the First Information Report does not show that, they are the author of the fabricated document. Under such circumstance, their physical custody is not at all required. The case is based on the documents and already inquiry has been conducted by the Municipal Council taking into consideration the fact that the staff working with Municipal Council is involved. There is inordinate delay in lodging the report which has not been explained at all.