Nagpur: The Nagpur session Court on Saturday granted bail to alleged Master mind lady of Stamp paper Racket namely Beena Adwani in offence of cheating, forgery, public servant framing incorrect document with intent to cause injury, conspiracy and under other sections of Maharashtra Stamp Act registered at Sadar police station n investigated by Crime Branch Unit-II, Nagpur by Honourable DJ-2 &ASJ, Nagpur P.Y.Ladekar Sahab on Saturday.
It is alleged case of the prosecution that Crime Branch Unit-II, Nagpur got secret information that there is racket operating at collectorate by some stamp vendors who are selling stamp papers of back date on premium and therefore crime branch had sent their punter to collectorate for purchase of back dated stamp paper to bust the said alleged racket.
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It is also alleged that at collectorate the punter of the crime branch met one lady stamp vendor Bhimatai for purchasing back dated stamp paper of Rs. 100/- which she agrees to provide him on premiums for Rs.1000/- and accordingly deal was finalized and when she had supplied the said stamp paper to the said punter, the crime branch had caught her red handed.
It is also alleged when the said lady Bhimatai was interrogated she told that she had purchased the said Stamp paper from Another accused Ashish Shende who in turn taken name of another Accused Himanshu and who had lastly taken the name of this lady Beena Adwani and therefore these four persons were arrested and crime is registered against them for the offences punishable under section 420, 467, 468, 167 n 34 of IPC r/w. Sec. 63 n 69 of Maharashtra Stamp Act.
Adv. Kamal Satuja and Adv. Kailash Dodani appearing for this accused/applicant Beena Adwani had pointed out to the court that she is falsely implicated in the present crime as she had never sold back dated stamp paper. She is having license to sell stamp papers from around 3 decades with unblemished track record. Further the alleged overwriting is on Register maintained by her and not on Stamp paper, which makes it clear that Sections 467 and 468 of IPC i.e. forgery levied against her are not made out and at the most offence under Sec. 261 to 263 of IPC can be said to be made out if case of prosecution is believed as a gospel truth and those sections are bailable. Same is case with section 167 of IPC which is levied.
Adv. Satuja and Adv. Dodani had further pointed out to the Honourable court that even otherwise the person who was caught red handed with alleged stamp paper was not this lady but was another Accused Bhimatai with whom alleged deal was finalized n from whose custody stamp paper n alleged amount was seized.
Adv. Satuja n Adv. Dodani further pointed out to the Honourable court that this lady is falsely implicated on the basis of confessional statement of co-accused only and barring said confessional statement there is no other material against her and said confessional statement is very weak type of evidence and on the basis of it bail cannot be rejected. Further now the alleged stamp paper, stamp register and alleged amount is also seized coupled with fact that there is not even a single complaint against this lady by anyone of anykind of she selling back dated stamp papers on premium. Further one co-accused Himanshu who had allegedly brought stamp paper is also released on bail. Therefore they prayed for granting bail to this lady accused- Beena Adwani.
Adv Girish Dubey strongly opposed the application of this applicant on the ground that she is mastermind of this stamp paper Racket n she in collusion with other accused had done forgery n cheating by selling back dated stamp papers on premium. There is ample material against her showing her involvement in crime. There are several offences registered against her of similar type. If she is released on bail she will create obstruction in investigation, she will abscond n she will tamper with prosecution witnesses. Therefore he prayed for rejection of her application for bail.
After hearing Arguments of both sides and appreciating arguments of defence, Honourable DJ-2 & ASJ Shri P.Y. Ladekar Sahab has granted bail to this lady accused Beena Adwani by directing her to attend I.O. as n when called and to co-operate in Investigation & not to Tamper with the prosecution evidence.
Adv. Kamal Satuja, Adv. Kailash Dodani, Adv. Gajendra Saogi & Adv. Umashankar Agrawal appeared for applicant lady- Beena Adwani. Adv Girish Dubey represented the prosecution.
