1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4630 OF 2009 Vijay Vasantrao Deshmukh ...Applicant vs. The State of Maharashtra ...Respondent Mr.Shirish Gupte, Sr.Counsel i/b. MR.Sandeep S. Salunkhe for the Applicant. Mr.Y.M.Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 4, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant apprehends arrest in connection with an offence registered vide C.R.No. 465/2009 with Meera Road Police Station punishable under Sections 420, 465, 467, 468, 471 read with 34 of the IPC. 2 3 It is the case of the prosecution in brief is that one Ramu Kini was serving with his father and was the owner of a land situated at Meera Road. During his life time, he made a Will in favour of the complainant and expressed his intention to bequeath the said property to the complainant. The said Will was registered on 18th January, 1997 and he died on 11th February, 1997. Later on, he came to know that one Baliram Bhandari and his family had claimed to be the legal heir of said Ramu and the said land was transferred in their name. A civil suit was filed in Civil Court, Thane. A Power of Attorney was executed by Bhandari family on 14th January, 2007 and it is alleged that the name of Bhandari family was deleted from the record of rights in respect of the said land and name of Devyog Builders was recorded. The complainant made enquiries and came to know that one Rohit Goyal and his father Devendra Goyal were the Directors of the said firm and that they had forged false documents 3 by producing fictitious persons in the place of Bhandari family and got the Sale Deed executed with the intention to grab the said land. Accordingly, complaint was lodged with the Meera Road Police Station and nine persons were arrested. The applicant is seeking anticipatory bail. 4 It is contended that the applicant is not concerned in any manner with the said transaction and is falsely implicated. No allegation is made against him in the FIR and he is not concerned with the said M/s.Devyog Builders or its partners and he neither knows the Goel family or Bhandari family. 5 An affidavit in reply is filed by the State in which it is alleged that the present applicant posed himself as one Sunil More and in fact, the present applicant was responsible for getting the said documents registered. The amount which was deposited in the bank also was withdrawn by the present applicant. The statements of number of 4 witnesses have been recorded who has deposed that the present applicant viz. Vijay Deshmukh is the same person Sunil More and he was responsible for making payment to various persons. 6 Taking into consideration the allegations which are made against the present applicant and the statements of witnesses who have stated that the present applicant is the same person who had posed as Sunil More and the statements of Bank officers who have also stated that the present applicant has withdrawn the said amounts which were deposited in the various accounts, in my view, this is not a fit case for grant of anticipatory bail. 6 The application, accordingly, is dismissed. (V.M. KANADE, J.)