AJAY SANTOSH PANDEY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for anticipatory bail in C.R. No. I-320 of 2020 registered with Khadakpada Police Station, Kalyan for Sajakali Jamadar offences under Sections 420, 406, 468, 471 r/w Section 34 of Indian Penal Code. (for short "IPC") The First Information Report (for short "FIR") was lodged on 24th September, 2020.

(2.) The case of the complainant is that, he is in construction business in the name as Om Sai Construction and Developers. The applicant No.1 was 50% partner. Partnership Deed was executed on 27th January, 2014. Land bearing Survey No. 55/1/B admeasuring 2080 Sq. mtrs. was purchased from Ramabai Mirkute and others by registered Sale Deed. The Sale Deed was signed by the complainant and applicant No.1. Subsequently the applicant No.1 created dispute with the complainant and tried to remove him from firm. He was threatened. Due to threat complainant shifted to Nashik. In December, 2017 when he had come to Kalyan, he visited the plot. He found that construction work was going on. He made inquiry and found that Retirement Deed from the partnership firm by showing that the Retirement Deed was fabricated. The complainant had obtained handwriting expert opinion which opined that the signatures of the complainant was forged. Till 2020 the name of the complainant was shown in the office of the registrars from the partners of the said firm the building was constructed. Flats were sold and the accused had misappropriated huge amount by way of fabricated document. The applicant No.2 was inducted as partner.

(3.) The applicants had preferred an application for anticipatory bail before the Sessions Court which has been rejected by order dated 5th November, 2020.