SOMNATH LAXMAN GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.292 of 2022 registered with the M.I.D.C. Sinnar Police Station for offences punishable under Ss. 406, 420 read with Sec. 34 of the Indian Penal Code, 1860, the applicant is seeking pre-arrest bail.

(2.) According to the complaint filed by a villager alleged that the accused in connivance and collusion with each other have sold Gat No.109 and 116 of Village Dahiwadi, Taluka Sinnar, District Nashik. It is alleged that the land in question is a deosthan land and also Class-II land. It is alleged that by removing entry of deosthan from the revenue record in connivance with the Talathi, the status of the land was changed from Class-II to Class-I. The entry in the revenue record "non-transferrable without permission of competent authority" was also removed. The land was sold to the co-accused. According to the informant, therefore, the deosthan has suffered revenue loss and he is espousing cause of the deosthan.

(3.) The applicant approached learned Sessions Judge under Sec. 438 of the Criminal Procedure Code, 1973 which came to be rejected by order dtd. 30/11/2022. Aggrieved thereby, the applicant has filed present anticipatory bail application.