Nagpur: The Adhoc District Judge 5 and ASJ Nagpur, Kanakdande granted anticipatory bail to alleged land mafia Vijay Ghodke and two others namely Haridas Gaikwad and Ritesh Ghodeswar in the infamous case of land grabbing of Prashant Hadke at Beltarodi in Nagpur.
It is alleged by Prashant Hadke that huge land belonging to him is lying vacant at Beltarodi area of the city. The accused Haridas Gaikwad, Ritesh Ghodeswar with the help of land mafia Vijay Ghodke tried to grab the land on the strength of old entries in name of mother of Haridas Gaikwad namely Anjanabai Gaikwad who had already allegedly sold her share in the said land and for which it is alleged that fraudulent will and other papers are created by these accused persons. Therefore with these allegations an offence was registered against these accused persons under Sections 420, 447, 465, 34 of IPC at Beltarodi police station.
Gold Rate
Monday 03 Feb. 2025
Adv. Kamal Satuja, Adv. Kailash Dodani and Adv. Vijay Krishnani appearing for these accused-persons pointed out to the court that these accused persons are falsely implicated in the present case due to personal grievance of the complainant who had with similar allegations already filed a civil suit against one of the accused Haridas Gaikwad in the year 2015 which is still sub-judice and in which till today there is no interim order against this accused and other accused persons herein are not party in the said suit. Further there is a huge delay of around 9 years in lodging an FIR.
Adv. Satuja, Adv. Dodani and Adv. Krishnani further pointed out to the court that the mother of this accused Haridas Gaikwad is the owner of 0.40 hectare of the said land and her name is duly mutated in all concerned records and after her death name of her son i.e. this accused Haridas Gaikwad is mutated as per the registered will of her mother. Further the complainant had challenged the mutation of this accused before Revenue Authorities right from 2009 and the maximum orders including latest order of Divisional Commissioner passed in the year January 2023 is in favour of this accused only and all these shows that the dispute between the parties is purely civil in nature, which is unnecessarily tried to be converted into criminal which is not permissible.
They had further pointed out that these accused persons had already joined investigation and attended as well as cooperated by supplying entire information as well as requisite documents too and now there is nothing to be recovered and seized from these accused persons. Therefore they prayed for releasing these accused persons on anticipatory bail.
APP Deepak Gadewar and Adv. Naved Rizwy counsel for complainant strongly opposed the anticipatory bail application of these accused persons on the ground that allegations against these persons are serious in nature, investigation is at preliminary stage, they want to ascertain from where fraudulent documents were prepared as well as to find out who others are involved in the alleged crime. There are chances that if these accused are released on anticipatory bail then they will again commit such types of crimes and will threaten the prosecution witnesses. Therefore they prayed for rejection of their anticipatory bail.
After hearing arguments of both sides and appreciating arguments of defence, the Judge Kanakdande granted anticipatory bail to these accused persons directing them to co-operate in the investigation and not to tamper with prosecution witnesses.
Adv. Kamal Satuja, Adv. Kailash Dodani and Adv. Vijay Krishnani appeared for the accused persons.
