1 aba432.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.432 OF 2011 (DIGAMBAR PANDURANG MANWAR//VS// STATE OF MAH. THR. PSO. P.S. BORGAON MANJU, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V.Sirpurkar, Advocate for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent/ State. CORAM : M.N.GILANI, J. DATE : DECEMBER 16, 2011. Heard both sides. One Durgabai, aged about 60 years, filed complaint case before Judicial Magistrate First Class, Akola against three accused persons. The present applicant is named as accused No.3. It was in respect of carrying out mutation, which was false to the knowledge of the applicant. The learned Magistrate directed investigation under Section 156(3) of the Code of Criminal Procedure. On that basis, offience under Sections 181, 193, 196, 417, 419, 420, 468, 471 and 474 read with Section 34 of the Indian Penal Code came to be registered with Police Station, Borgaon Manju. The applicant moved the learned Sessions Judge for grant of anticipatory bail. His contention was that the original owner of the land was Mohan Meshram, who died in the year 1985. He carried out mutation in the name of his legal heirs i.e. Kalicharan who is original accused No.2. The complainant claimed to be the owner of the land on the basis of the sale deed executed in the year 1971. However, the case of the applicant is that the entry of the sale deed was never taken in the revenue records. Therefore, the name of the deceased Mohan continued as owner of the land and 2 aba432.11.odt thereafter it was mutated in the name of Kalicharan, later being legal representative of the deceased. The learned Additional Sessions rejected the application by observing that : “.. the case is of complicated nature. It would require deep and detail investigation. No need to say that it would certainly require personal interrogation of these applicants.” Considering the explanation offered by the applicant and mentioning about the circumstances in which the mutation was carried, the application will have to be allowed. The application is allowed. In the event of arrest in Crime No.M-106, registered with Police Station, Borgaon Manju for the offence punishable under Sections 181, 193, 196, 417, 419, 420, 468, 471 and 474 read with Section 34 of the Indian Penal Code , the applicant is directed to be released on bail, on his executing P.R. Bond of Rs.twenty five thousand with one solvent surety in the like amount with a condition to attend the concerned Police Station as and when called by the Investigating Officer. JUDGE RR..