DILIP BALKRISHNA NALAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.791 of 2022 registered with Sangli City Police Station, District Sangli for offences punishable under Ss. 420 , 467 , 468 and 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre- arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to prosecution, the informant is real estate agent residing at Miraj, District Sangli. According to the informant, in the year 2014 the applicant told him about a land admeasuring 259 acres at village Kotebudruk, Talluka Gaganbavada, District Kolhapur having clear and marketable title. According to the informant, the applicant accepted the responsibility of conferring valid title free of all encumbrances and to do consequential things required. The applicant told him that the lands in question belongs to Class-II occupancy. In a meeting between the applicant and his friends on one hand and accused Nos.2 and 3 on the other side, rate of Rs.50,000.00 per acre was decided. According to the informant, he and his friends in all paid amount of Rs.48,60,000.00 to the applicant and accused Nos.2 and 3 jointly. However, on inquiry it was revealed that the owners had already executed registered sale deeds of the properties before entering into agreement to sale with the informant and his friends. Therefore, the informant lodged a report with concerned police station alleging that the applicant along with co-accused have committed offence under Sec. 420 by accepting amount of Rs.48,60,000.00.

(3.) The applicant, therefore, approached the learned Sessions Judge which came to be rejected by order dtd. 23/1/2023. The applicant has, therefore, filed present anticipatory bail application.