BHARAT VISHWANATH RAMINWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are the applications under Section 438 of the Code of Criminal Procedure seeking bail in the event of arrest of the applicants in connection with Crime no. 351/2019, registered with Bhagya Nagar Police Station, Nanded, District Nanded, for the offences punishable under Section 166 , 167 , 420 , 468 , 471 read with Section 34 of the Indian Penal Code.

(2.) Stated in brief the allegations in the F.I.R. are to the effect that the informants purchased plots No. 36 and 37 from land Gat No. 209/A/2 under two different registered sale-deeds dated 23.11.2017 and have been enjoying exclusive possession. By the Mutation Entry No. 14354 their names were also recorded in the City Survey Record. The applicant Bharat Vishwanath Raminwar had purchased 41-Are agricultural land from Gat No. 209/A/5 under a registered sale-deed dated 12.06.1998. He has also carried out construction of his Mall over that property. He had no concern with these plots No. 36 and 37 purchased by the informants/complainants. When they tried to mutate their name in the record of the Grampanchayat, they realized that already those plots were mutated in the name of applicant Raminwar by the other two applicants who were the Sarpanch and Gram Sevak of that village Panchayat. It is alleged that these two Public Servants by sharing common intention with applicant Raminwar have indulged in forgery of the public record.

(3.) A complaint to this effect was lodged by the informants seeking a direction under Section 156(3) of the Code of Criminal Procedure. The Magistrate directed an enquiry under that provision and accordingly the