1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4227 OF 2008 Bhalchandra B.Patil .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Y.D.Patil i/b Mr.R.D.Suryawanshi for the applicant. Mr.H.J.Dedhiya A.P.P. for the State. Mr.Manoj Bhatt for the original complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 15TH DECEMBER, 2008. DATED : 15TH DECEMBER, 2008. DATED : 15TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and original complainant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.I-2 of 2008 of Mira Road police station, Dist.Thane. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 420, 464, 467, 468, 471, 504 and 506(2) of IPC. 3. The applicant and the complainant are the members of one and the same family. Their family owns several properties including the land bearing survey 2 2 2 No.183 situate at village Khari, Bhayandar, Dist.Thane. It is alleged that the applicant forged and fabricated a release deed/declaration dated 5.7.1989 purportedly signed by his brothers - Atmaram and Ganpat, releasing their share in certain properties in favour of the applicant. It is further alleged that he forged and fabricated power of attorney dated 5.7.1989 in his favour showing that all the family members have given the power to the applicant to sell certain properties. On the basis of these documents the applicant allegedly executed a sale deed in respect of survey no.183 in favour of a builder. This survey numbers has been reserved by the Municipal Council as a playground. 4. During pendency of this application the applicant was directed to report to the concerned police station and co-operate with the investigation. Accordingly, the applicant has reported to the police station regularly and has produced the release deed dated 5.7.1989 before the police and the said document is now in possession of the investigating officer. Insofar as the power of attorney is concerned, according to the applicant, who is 79 years old, it is not with him and it is in possession of the complainant. The complainant has already filed a civil suit seeking declaration in respect of the very 3 3 3 same documents and the property. Keeping that in view and considering overall facts and circumstances of the case and the age of the applicant I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 10 am and 12 noon for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)