- 1 - aba718.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.ANTICIPATORY BAIL APPLICATION NO. 718 OF 2011 Shri Subhash Pandharinath Waghmare .. Applicant vs State of Maharashtra .. Respondents Mr.K.S.Patil for Applicant Mr.Y.M.Nakhwa APP for State Mr.Rahul Arote for Complainant CORAM: J.H.BHATIA, J DATE: 20 th August 2011 P.C. 1. Heard learned counsel for the parties. 2. Perused the police papers and documents filed with the Application. 3. The Applicant seek anticipatory bail in Crime No.177 of 2010 registered with Paud police station under sections 420, 465, 466, 467,468 and 471 of IPC. The report lodged with the police by one Prakash Waghmare shows that a joint family - 2 - aba718.11 consisting of the Complainant as well as the Applicant had 36 shareholders and the family had land bearing 167/12, 168/7 and 168/8 situate at village Wakad, Pune. Besides that the Applicant also had some other property including a house on a land situate in gavthan area. Without the knowledge of the Complainant and other share holders, the present Applicant made an Application to the Tahsildar sometime in the year 2000 for mutation of the said properties. It is contended that signatures of some of the share holders were forged. By making an Application the Applicant got mutated 58 ares of land in his own name and he also got the complete land in gavthan along with old building alleging that the different branches had voluntarily made a gift of 20 ares of land as well as the house and on that basis mutation was effected. In 2004, some development activities took place wherein all the share holders participated. However, it was not known to share holders that the Applicant had got the land mutated and thus he had cheated and defrauded them. In 2008, for the first time the Complainant came to know and he approached the Hinje-wadi police station but no action was taken by - 3 - aba718.11 the Hinje-wadi police station. Thereafter he filed a Writ Petition in this court seeking a direction to Hinje-wadi police station to register an FIR. However, the Writ Petition came to be disposed of when it was disclosed that the offence was committed within the jurisdiction of Paud police station and Paud police station had registered an FIR on 9.12.2010. 4. Mr.Rahul Arote Advocate for the original Complainant pointed out how the signatures of some of the share holders appearing on the mutation Application submitted to the Tahsildar by the Applicant were forged. The learned counsel for the Applicant contended that the Applicant is a class IV government employee working in Sasoon Hospital. He is a law abiding citizen and report has been lodged to the police long after the mutation had taken place. Prima facie, there appears to be a case of forgery and fraud. Merely because, the Applicant happen to be class IV employee of the government he cannot be granted anticipatory bail. The matter needs to be investigated thoroughly. - 4 - aba718.11 5. Therefore, in my considered opinion, it is not a fit case for grant of anticipatory bail. Application stand rejected. J.H.BHATIA, J