1 ABA.227-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.227 OF 2011 Shri Bharat Balkrishna Patil. .. Applicant. Versus The State of Maharashtra .. Respondent. .... Mr.I.S. Thakur, Advocate i/b. M/s. Global Juris Consults for the applicant. Mrs.S.D. Shinde, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 24th MARCH, 2011. P. C. : 1. Heard rival submissions at length on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of C.R. No.I-04/2011 registered at Nalasopara police station, Thane Rural. The offences alleged against the applicant are punishable under Sections 424, 465, 467, 468, 471 read with Section 34 of Indian Penal Code. 2. Allegedly, the offence is rather old purportedly of the year 2001 and thereafter. The main allegations against the applicant, as mentioned in the FIR lodged by son of co-owner of the landed 2 ABA.227-11 property, is that the present applicant claimed to be the power of attorney holder of the owners of the property, including the deceased father of the present original complainant. The so called power of attorney is dated 5.11.2001 whereas the two persons who had allegedly given their signatures on the said power of attorney had already died long back in the year 1987 & 1983 respectively. On the strength of such power of attorney, present applicant had sold the property to third persons. 3. During the arguments, it is vehemently argued on behalf of the applicant that applicant had got hold of the said power of attorney from one Raghunath Manik Choudhary, a well-known political leader of the area. According to the applicant, said Raghunath Manik Choudhary had represented that he had obtained the said power of attorney from the original owners in his presence and said power of attorney has been given in favour of the present applicant giving all the rights to deal with property to the present applicant. In fact, reliance placed on such type of representation made by said Raghunath Manik Choudhary appears to be misplaced only for the reason that by the said power of attorney 3 ABA.227-11 who is the beneficiary or the person authorized to deal with the property is the present applicant. 4. During the course of arguments much is argued regarding requirement or otherwise of the custodial interrogation of the present applicant. However, considering the circumstances and stage of the investigation and as to involvement of the other co- accused including one Notary and Advocate Mr.M.V. Shinde before whom allegedly such power of attorney came to be executed, it would not be in the fitness of the situation to grant discretionary relief in favour of the present applicant and hence present application is disposed of with following order . :: O R D E R :: [i] Criminal Application No.227 of 2011 for anticipatory bail stands rejected. (A. R. JOSHI, J.) PPD