1 sns IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.730 OF 2011 Vijay Prakash Ramachal Mishra ...Applicant. v/s The State ...Respondent. Mr. Rajesh S. Datar, adv. For the Applicant. Smt. P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA,J. DATED : AUGUST 25,2011. P.C. 1 Heard the learned counsel for the applicant. 2 The applicant seeks anticipatory bail in Crime No.99 of 2011 registered at Panvel Taluka Police Station under Sections 467, 468, 471, 420 r/w section 34 of the I.P.C. on the basis of report lodged by Shobhabai A. Babu. As per the report, the present applicant, on the basis of forged and unregistered Power of Attorney, had sold away her property in favour of one Kalpesh M. Thakkar Developers and three others for a consideration of Rs.2,70,32,000/- (Rupees Two Crores Seventy Lakhs and Thirty-two Thousand Only). When she came to know, she lodged report. It was also revealed that 2 some amount was credited in her account by the present applicant. According to the applicant, he was tenant of complainant and was carrying on business on the same land since the year 2005. She had executed Power of Attorney in his favour whereby he was given authority to sell and dispose off the property. On that basis, he executed sale deed of the land. According to him, the whole of the consideration amount has been received by her by cheques but some cheques are only deposited with the bank and amount is credited to her account and some cheques are retained by her intentionally. She has also filed suit for declaration that sale deed is null and void. The learned counsel for the applicant contends that the purchaser has been granted anticipatory bail by the Sessions Court. 3 After perusal of the record and hearing the learned counsel, it appears that Power of Attorney on the basis of which the present applicant sold away the property of the complainant is not a registered document. There is no explanation as to why the sale deed was not executed by the 3 complainant herself when such a huge consideration amount was to be received by sale of the property. In the sale deed, there is a schedule of the payment of the consideration amount by five cheques. However, all those cheques were not deposited in her account and it is pointed out that only an amount of Rs.1,49,00,000/- has been credited in her account. The learned counsel for the applicant could not explain as to why all the five cheques were not deposited in her account and how there is credit of amount of only 1,49,00,000/- and not the complete amount, which was paid by cheques . According to the learned counsel, first two cheques of Rs.11 lakhs and Rs.70 lakhs were credited in her account. Besides that, a separate cheque of Rs.68 lakhs was given by the purchaser/builder and that was credited. If this is accepted, it is not clear what happened to three other cheques. Out of which two were of Rs.60 lakhs each and third cheque was of Rs. 69,32,000/-. If this contention of the learned counsel is accepted, the total amount goes beyond Rs.3,38,00,000/-(Rupees Three Crores Thirty Eighty 4 Lakhs Only), while as per the sale deed, consideration was Rs.2 crores 70 lakhs only. In any case, there is no explanation as to what had happened to the amount of three cheques. Prima-facie there appears strong case against the applicant and, therefore, in my opinion, custodial interrogation will be necessary for proper investigation of the case. 4 In the result, application stands rejected. (J.H. BHATIA,J.)