2211aba354.11.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 354 OF 2011 (Suraj Arvind Thakare Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. M. Daga, Advocates for the applicant Shri V. A. Thakare, A.P.P. for the State. CORAM : M.N. GILANI, J. DATE : NOVEMBER 22, 2011. 1. The applicant is one of the accused in Crime No.90/2011 registered with Police Station Sonegaon, Nagpur under Sections 468, 471, 419, 420 read with Section 34 of the Indian Penal Code seeking direction to release him on bail in the event of his arrest in the aforesaid crime. 2. One Smt. Sarfunnissa w/o Azgar Ali lodged the complaint with the police that she is the owner of plot No. 142 with Shilpa Co-operative Housing Society, Hanuman Nagar, Nagpur. She had purchased the said plot by registered sale-deed dated 11/11/2010 from one Sajid Sultan Khan. The complainant and her son had employed watchman to guard the said plot. On 12/9/2011 the watchman noticed that some persons had come on the spot by saying that the plot belongs to them. On enquiry, the complainant learnt 2211aba354.11.odt 2/4 that some bogus sale-deed has been registered in the name of one Mahesh Saoji and Smt. Yojna Saoji by the other accused including the present applicant. After perusal of the sale deed, she learnt that it was a case of cheating. Accused Siraj Khan impersonated himself as Sajid Sultan Khan and executed the sale-deed. The present applicant/accused No.2 had signed it as one of the witnesses. 3. The investigation reveals that Mahesh Saoji, who wanted to purchase a plot in Nagpur, firstly approached Sachin Patil. Sachin Patil introduced him to the present applicant/accused No.2. Thereafter, present applicant pointed out plot No.142 meant for sale. In this transaction, Siraj Khan was made to act as real owner i.e. Sajid Sultan Khan. Perusal of statement of Mahesh Saoji shows detailed account of the transaction and how from time to time they paid to the accused total amount Rs.18,75,700/-. Prima-facie, involvement of present applicant/accused No.2 is made out. 4. In the reply filed by the learned A.P.P. it is stated that in number of offences of cheating, with similar modus operandi, have been committed by the accused. The learned A.P.P. also submitted following chart wherein the list of offences committed by the present applicant are mentioned.: 2211aba354.11.odt 3/4 Police Station Crime No. Offence U/s Tahsil 85/2008 406, 420, 468, 471, 465, 467, 34 of I.P.C. Gittikh- adan 263/2011 406, 420, 468, 471, 34 I.P.C. Kotwali 137/2011 420, 468, 471, 467 I.P.C. Ambazari 163/2005 420 I.P.C. Ambazari 17/2006 420 I.P.C. Sonegaon 22/2004 429, 465, 467, 468, 471, 34 I.P.C. Sonegaon 142/2004 420, 468, 471, 511 I.P.C. Sonegaon 104/2004 419, 420, 468, 471, 34 IPC Sonegaon 108/2004 406, 419, 420, 465, 468, 471, 120-B, 34 IPC Pratapnagar 252/2004 420, 468, 471 IPC Sakkardara 161/2011 452, 323, 506-B 34 IPC, 3/25 Arms Act Rajura P.S. Distt. Chandrapur 18/2009 143, 147, 148, 149, 152, 307, 341, 353, 332, 333, 336, 337, 324, 323, 294, 506, 109, 427 IPC and Sec. 3, 4 Damages to Public Property Act, Sec. 7 Cri. Law Amendment Act, Sec. 135 B. P. Act. Ramnagar P.S. Distt. Chandrapur 382/2008 143, 341, 427, 435 IPC, Sec. 135 BP Act, Sec. 4, 4 Damages to Public Property Act, Sec. 7 Cri. Law Amendment Act. 5. Except the offence under Crime Nos. 142/2004, 104/2004 and 108/2004 registered at Sonegaon Police Station, it is not disputed that the aforesaid offences have been registered against the applicant/accused No.2. 6. It is the contention of learned Counsel for the applicant that this Court (Coram: U. V. Bakre, J.) has granted interim protection on 12/10/2011 to the applicant and since then he was attending the concerned police station. It is 2211aba354.11.odt 4/4 further contended by the learned Counsel for the applicant that Mahesh Saoji had lodged F.I.R. which is registered as Crime No. 104/2011 and in Misc. Criminal Application No. 2178 of 2011, the learned Sessions Judge, Nagpur granted him interim bail under Section 439 of Cr. P.C. Perusal of the case diary made available to this Court reveals that the accused had indulged in the commission of offences of cheating several people by taking undue advantage of their acute need of residential plots. Not only that the purchasers are cheated but the persons who are real owners are also cheated. Looking to the nature of the offence, role payed by him and antecedents of the accused, this does not appear to be a fit case to grant relief under Section 438 of Cr. P.C. 7. The application is rejected. 8. At this stage learned Counsel Shri Daga appearing for the applicant prays for continuation of interim order passed by this Court (Coram: U. V. Bakre, J.) for a period of two weeks. 9. Prayer granted. JUDGE wwl