DONAL FRANCIS VAZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No.103/2021 registered at Vasai Police Station, on 27/2/2021 under Sec. 420, 465, 466, 467, 468, 471 read with 120-B of IPC.

(2.) Heard Ms. Sushma Mishra, learned counsel for the Applicant and Ms. Mahalakshmi Ganapathy, learned APP for the Respondent-State. Deshmane(PS)

(3.) The FIR is lodged by one Robbin Francis Vaz . He is the elder brother of the present Applicant. He has stated that the informant and the Applicant's father Francis had property at village Chobare at Palghar at Survey No.31, Hissa No.2/6 admeasuring 5 Are along with a house built on that area. There was another property at village Dhovali bearing Survey No.1/2902. During lifetime of Francis he made a Will dtd. 23/1/2014. According to that Will, both the brothers were to get the property at village Chobare in equal shares and the second property was to be given to the Applicant. According to the informant, when the Applicant had gone with his father for registering the Will he had taken their father's signature on a document in the nature of Power of Attorney and it was also registered on 23/1/2014. It is his case that using that Power of Attorney, he had sold 2.50 Ares property in his own name. According to the first informant, this Power of Attorney was obtained fraudulently and, therefore, the subsequent sale transaction was also fraudulent. On that basis, the FIR is lodged.