1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 401/2011 Bhaskar Mahadeo Khade ..vs.. State of Maharashtra, thr. PSO P.S. Mangrulpir, Dist. Washim WITH CRIMINAL APPLICATION (ABA) NO. 404/2011 Prakash Sawairam Rathod & anr. ..vs..State of Maharashtra, thr. PSO P.S. Mangrulpir CRIMINAL APPLICATION (ABA) NO. 406/2011 Umrao Laxman Musale ..vs.. State of Maharashtra, thr. PSO P.S. Mangrulpir, Dist. Washim CRIMINAL APPLICATION (ABA) NO. 408/2011 Prakash s/o Kisan @ Kisanrao Thakre ..vs..State of Maharashtra, thr. PSO P.S. Mangrulpir - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anil Mardikar, Advocate for applicant in ABA No. 401/11. Mr. C. A. Joshi, Advocate for applicants in ABA No. 404/11. Mr. A. P. Tathod, Advocate for applicant in ABA No. 406/11. Mr. C. A. Joshi, Advocate for applicant in ABA No. 408/11. Mr. M. J. Khan, A.P.P. for State. CORAM : M.N.GILANI, J. DATE : NOVEMBER 28, 2011. 1. Heard learned counsel for the parties. 2. All these four applications arise out of Crime No. 178/2011 registered with Police Station, Mangrulpir, dist. Washim for the offence punishable under sections 402, 468 read with section 34 of the Indian Penal Code. Hence, they are being disposed of by this common order. 3. On 11.02.1980 an agricultural land bearing Survey No. 11/2 area 1 H 62 R situated at Mouja Murtizapur, Tq. Mangrulpir, Dist. Washim was purchased by Sawairam Rathod from Ramnivas 2 Jakhotiya and Ramesh Jakhotiya under the registered sale deed. In the said sale deed, Sawairam Rathod posed himself to be a Chairman of Vimukta Jati Griha Nirman Sahakari Sanstha, Mangrulpir. Accordingly, mutation was carried out. In the course of time, the land was converted into residential plots. These plots were sold to various persons. The said Sawairam Rathod died in the year 2005. On 21.10.2011 one Udaysingh Chavan lodged First Information Report with the Police Station, Mangrulpir stating that whatever the land was purchased by the said Sawairam Rathod was for the housing society of which he is a member. On that basis, an offence came to be registered. 4. Applicant-Umrao Musale aged about 65 years is a retired Revenue Inspector. He has been charged with carrying out mutation in the year 2005. Applicant-Bhaskar Khade-Talathi, the applicant-Prakash Thakare, who is also Talathi have been charged with carrying out wrong mutation and consequently committing an offence of cheating. Applicants-Prakash and Ramesh Rathod are the heirs of deceased Sawairam Rathod on whose application, mutation entries were taken. 5. There are broad factors, which are relevant to decide the application. They are as under: (i) Although the land was purchased by Sawairam Rathod 3 in the name of Vimukta Jati Griha Niraman Sahakari Sanstha, Mangrulpir, no such society was, in fact, registered. It is also not known as to who were its members etc. (iii) After purchase of the property, the land was converted into non agricultural use and it was divided into 35 plots. Out of that, 31 plots have been sold to various persons. One of the sale deed of the plot is made available for perusal of this Court. (iv) Learned counsel for the applicants contended that all these sales were effected by deceased Sawairam Rathod in his individual capacity and not on behalf of the society. (v) No report was lodged during the year 1980 till 21.10.2011, particularly when the land was converted into the plots and sold to different persons by none other than Sawairam Rathod in his individual capacity and on the basis of the said sale deeds, mutations were also carried out. For all these reasons, the heirs of Sawairam Rathod who are staging a claim that the property exclusively belonged to Sawairam Rathod, may be true. In this background, the applications are allowed in the following terms. (i) Criminal application No. 401/2011 In the event of arrest of the applicant-Bhaskar s/o 4 Mahadeo Khade in Crime No. 178/2011 registered with Police Station, Mangrulpir, Dist. Washim for the offence punishable under Section 420, 48 r/w Section 34 of the Indian Penal Code, he is directed to be released on furnishing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) with one surety in the like amount with a condition to attend the Police Station, Mangrulpir as and when directed by the Investigating Officer, till the chargesheet is filed. (ii) Criminal application No. 404/2011 In the event of arrest of the applicants Prakash s/o Sawairam Rathod and Ramesh Sawairam Rathod in Crime No. 178/2011 registered with Police Station, Mangrulpir, Dist. Washim for the offence punishable under Section 420, 48 r/w Section 34 of the Indian Penal Code, they are directed to be released on furnishing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) each with one surety each in the like amount with a condition to attend the Police Station, Mangrulpir as and when directed by the Investigating Officer, till the chargesheet is filed. (iii) Criminal application No. 406/2011 In the event of arrest of the applicant-Umrao s/o Laxman Musale, in Crime No. 178/2011 registered with Police 5 Station, Mangrulpir, Dist. Washim for the offence punishable under Section 420, 48 r/w Section 34 of the Indian Penal Code, he is directed to be released on furnishing PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) with one surety in the like amount with a condition to attend the Police Station, Mangrulpir as and when directed by the Investigating Officer, till the chargesheet is filed. (iv) Criminal application No. 408/2011 In the event of arrest of the applicant-Prakash s/o Kisan @ Kisanrao Thakre in Crime No. 178/2011 registered with Police Station, Mangrulpir, Dist. Washim for the offence punishable under Section 420, 48 r/w Section 34 of the Indian Penal Code, he is directed to be released on furnishing PR Bond in the sum of Rs.10,000/- (Rs. Ten Thousand Only) with one surety in the like amount with a condition to attend the Police Station, Mangrulpir as and when directed by the Investigating Officer, till the chargesheet is filed. The applications stand disposed of accordingly. JUDGE kahale