PRIYA SADANAND PARANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are seeking pre-arrest bail in connection with C.R. No. 118 of 2022 registered with Mahad City Police Station on 7/9/2022 for offences punishable under Ss. 120-B, 193, 196, 199, 200, 406, 420, 465, 467, 468, 471 read with 34 of the Indian Penal Code.

(2.) The case of the prosecution is that, the grand-father of the complainant late Mahadeo Babaji Mirgal had three brothers namely Laxman Babaji Mirgal, Pandurang Babaji Mirgal and Devji Babaji Mirgal. All of them were owner of ancestral property situated at Mauje Karanjadi Gut No.778/A/B admeasuring around 6270 square meter. The complainant, his brother, sister, grand-fathers namely Laxman Mirgal, Pandurang Mirgal and their children are the legal heirs to the said property. There was no partition of the property. The said property Gut No.778/A/B admeasuring 6270 square meter was acquired by the Government of Maharashtra during the period of 2005 to 2006. The names of all the legal heirs were not recorded on 7/12 extract. The name of complainant's uncle Dagadu Pandurang Mirgal and Bhagaram Pandurang Mirgal were reflected on 7/12 extract. The surveyor has awarded compensation of Rs.53,995.00 for acquisition of the property. Being aggrieved by the quantum of compensation, the complainant's uncle and legal heirs filed suit before the Civil Court at Mahad for enhancement of compensation amount. The said suit was filed in 2006 and it was registered as LAR No. 1/2006. The suit was allowed and vide order dtd. 11/4/2017, the compensation was enhanced to Rs.1,35,56,029.00. Pursuance to the said order, the amount was deposited in the Court on 22/4/2019. Complainant's uncle Dagadu Pandurang Mirgal, Bhagaram Pandurang Mirgal and their legal heirs Nathuram Mirgal, Sunil Mirgal and Anil Mirgal initiated the proceeding before the Civil Court at Mahad vide Special Darkhast No.60 of 2019 on 11/2/2019. The legal proceedings were looked after by their advocate Shri. Bharat T. Nawale. Mr. Nawale had been the advocate for representing Dagadu Mirgal and Bhagaram Mirgal since 2006. The application was singed by the advocate Mr. Bharat T. Nawale. Special Darkhast application was bearing thumb impression of Dagadu Pandurang Mirgal and Jayavanti Bhagaram Mirgal dated 11 th February 2019. Nathuram Bhagaram Mirgal, Sunil Bhagaram Mirgal and Anil Bhagaram Mirgal had signed the said application. Affidavit was executed in the Civil Court at Mahad by Dagadu Mirgal stating that the contents of the application are true. The affidavit bears the thumb impression of Dagadu Mirgal and it is signed by advocate Mr. Hemant Bhagat. Advocate Mr. Bharat Nawale has signed as Advocate for the applicant therein. The Vakalatnama is having thumb impression of Dagadu Pandurang Mirgal. Dyaneshwar Mirgal and Kishor Mirgal were the sons of Dagadu Mirgal and they suppressed the fact that the Dagadu Mirgal is no more. Dagadu Mirgal had expired on 26 th January 2019 and his funeral was attended by complainant. His death was registered at Karanjali Gram Panchayat. Thus, with an intention to deprive the complainant of the compensation, the legal heirs of Dagadu Pandurang Mirgal namely Jayvanti Bhagaram Mirgal, Nathuram Bhagaram Mirgal, Sunil Bhagaram Mirgal, Anil Bhagaram Mirgal, Advocate Mr. Bharat T. Nawal, Advocate Rachna Thale, Advocate Priya Parange and Advocate Hemant Bhagat had acted in connivance inspite of knowing that Dagadu Mirgal had expired. The application was filed on his behalf bearing his thumb impression. Thus, accused has created false document and represented it to be a genuine document in the Court.

(3.) The applicants had preferred an applications for anticipatory bail before the learned Additional Sessions Court at Mangaon District Raigad. The applications were rejected vide order dtd. 20/9/2022.