SATISH MOTIRAM CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Applicant is facing the accusation of forging valuable security within the meaning of Section 467 of the Indian Penal Code, 1860; an ofence punishable with imprisonment for life or with imprisonment of either description for a term, which may extend to ten years and fne. Here, allegedly forged document is agreement for sale dated 24th September, 2020 and 12th April, 2018 whereby applicant and the co-accused Balestar Prasad Tiwari @ Chikna Tiwari usurped/ transferred rights of the complainant and his father in a plot of land bearing CTS No.2616, Malvani Taluka, Borivali, Mumbai admeasuring 14 X 35 sq.ft. ('Plot' for short). Ramashankar Ramraksha Tiwari is owner of this plot. In September, 2020, he had noticed unknown persons had encroached over the plot and were preparing to make construction thereon. He, therefore, submitted written complaint on 24th September, 2020 to Malvani Police Station. After preliminary enquiry, Ramashankar Tiwari's son Vinodkumar Tiwari lodged the complaint against Chikna Tiwari, co-accused. On complaint, Crime No.1444 of 2020 was registered against the applicant and the co-accused on 26 th October, 2020 for the ofences punishable under Sections 467 , 468 , 420 read with Section 34 of the Indian Penal Code , 1860.

(3.) Apprehending the arrest, applicant and the co-accused Chikna Tiwari sought Anticipatory Bail. Applicant's application was rejected; whereas Tiwari's application also came to be rejected on 4 th December, 2020.