LAWS(BOM)-2023-1-137

NITIN ASHOK UBALE Vs. STATE OF MAHARASHTRA

Decided On January 05, 2023
Nitin Ashok Ubale Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned Counsel for the applicants and learned APP for the State.

(2.) These applications for pre-arrest bail are disposed of by a common order. These applications are filed by the applicants - Nitin Ashok Ubale and Afsar Ali Ansari. The reason why the applications are being disposed by a common order. The offence is in respect of the plot in question where 5 buildings are constructed on the basis of forged permissions. There are 5 C.Rs. bearing numbers 318 of 2021, 284 of 2021, 280 of 2021, 283 of 2021 and 285 of 2021 of the Virar Police Station which came to be registered for the offence punishable under Sec. 420, 465, 467 and 471 of the Indian Penal Code, 1860 ("IPC", for short) and Sec. 52, 53 and 54 of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act", for short). Subsequently Sec. 120B of IPC and Sec. 3 and 4 of Maharashtra Protection of Interest of Depositors Act, 1999 came to be added in the said C.Rs. Some of the anticipatory bail applications are filed jointly by them and some are filed individually.

(3.) On several occasions, the applicants attended the Investigating Officer and co-operated. The alleged offence is regarding unauthorised buildings which have been erected without any commencement certificates and occupation certificates. It is alleged that the commencement certificates and occupation certificates on the basis of which the buildings are constructed are said to be forged. The applicants' complicity in forging these permissions is the subjectmatter of investigation.