Rekha T. Gosar vs. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLN.NO.2580 OF 2008

Mrs.Rekha T.Gosar ..Applicant

Vs.

The State of Maharashtra ..Respondent

... Mr.S.V.Kotwal Advocate for Applicant Mr.S.S.Pednekar APP for the State ...

CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 18, 2008

P.C.

1. Heard the learned advocate for the applicant and the learned A.P.P. for the State.

2. The applicant is seeking anticipatory bail in MECR No.6 of 2008 of Dindoshi Police Station, Mumbai. The said case is under Sections 465, 467, 468, 469, 410 and 120-B of IPC.

3. The complainant which is a Co-Operative Housing Society has filed private complaint against the present applicant. The applicant was a committee member of the said society. According to the [-2-]

complainant, she is part of the conspiracy in respect of transfer of flat in the society on the basis of forged documents. The complaint pertains to transfer of flat no.22, situated at A wing, 3rd floor of the said society. The grievance of the society is that applicant has conspired with co-accused Kautilya Dave and Deepak Dave to effect on the basis of forged documents the transfer of the flat in the names of these co-accused. The flat originally belonged to Ratilal Dave who was the uncle of the co-accused. Ratilal had only one daughter i.e. Harbala alias Harsha Pravinchandra Trivedi. Before his death, Ratilal made will wherein the said flat was willed to the co-accused. The statement of Harbala the daughter of Ratilal, has been recorded during the course of investigation. She has stated that she is aware that the flat was willed by her father to the co-accused Kautilya A.Dave and Deepak A. Dave and she has no objection to the flat being transferred in their names. In view of this fact, I am inclined to grant anticipatory bail to the applicant.

4. In the event of arrest, the applicant-Rekha

T.Gosar be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant shall report to Dindoshi Police Station

5. Application is disposed of.

as and when called.

[SMT.V.K.TAHILRAMANI, J.]