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Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1467 OF 2025
1. Amit Sharadchandra Adatiya
Digitally
signed by
NIKITA
2. Ravi Sharadchandra Adatiya … Applicants
NIKITA
V/s.
KAILAS
KAILAS DARADE
DARADE Date:
2025.06.03
20:24:03
+0530
Union of India … Respondent
Mr. Abad Ponda, Senior Advocate a/w Mr. Bhomesh
Bellam for the Applicants.
Mr. Harsh Dedhia i/b Mr. Hiten Venegavkar for the
Respondent (Through V. C.) for the Respondent.
Ms. Rashmi Tendulkar, APP for the State.
CORAM : ASHWIN D. BHOBE, J.
DATED : 3RD JUNE, 2025
P.C.:
1. Heard Mr. Abad Ponda, learned Senior Advocate along with
Mr. Bhomesh Bellam for the Applicants, Ms. Rashmi Tendulkar,
learned APP for the State. Mr. Harsh Dedhia appears and states
that he has been instructed by the Special Standing Counsel Mr.
Hiten Venegavkar to appear in the present matter.
2. By the present Application filed under Section 482 of
Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS for short) the
Applicants are before this Court seeking enlargement of the
Applicants on Anticipatory Bail in connection with the Crime
No.08 of 2025, registered with the Diu Police Station, Diu, for the
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offences punishable under Sections 406, 408, 409, 420, 423, 471,
465, 468, 199 and 120-B of the Indian Penal Code, 1860.
3. Case of the prosecution is that in the year 1988, the Collector
of Diu without any authority/unauthorizedly allotted a land in
Daman by invoking provisions of Section 14 of the Diu Land
Revenue Code, 1968, to one Mr. Abdul Habib Vali Mohamad.
According to the case of prosecution, the said allotment of a huge
tract of land admeasuring 73627 Sq. Mtrs. (approximately 18
acres) situated at Ghoghla, Diu, is subject matter of the said
allotment. Present crime is registered in the year 2025 on the basis
of the complaint made by the Revenue Authorities against the
Deputy Collector, Mr. Abdul Habib Vali Mohamad and the
Applicants herein who are the subsequent purchasers.
4. Anticipatory Bail Application bearing Criminal MA No.03 of
2025 filed by the Applicants was dismissed by the learned Sessions
Judge, Diu, at Daman by order dated 14.05.2025.
5. Mr. Abad Ponda, learned Senior Counsel for the Applicants
submits that the crime as registered in the year 2025, is an act to
defeat the civil rights of the original allottee Mr. Abdul Habib Vali
Mohamad. He submits that the allotment order dated 08.08.1988
was issued by the Collector after following the due procedure of
law. He submits that the Revenue Authorities in the year 1999 had
issued a show cause notice to the said allottee Mr. Abdul Habib Vali
Mohamad seeking to revoke the allotment made in the year 1988.
He submits that the said show cause notice was questioned by Mr.
Abdul Habib Vali Mohamad before the Civil Court. He states that
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the learned Civil Court had decreed the suit filed by Mr. Abdul
Habib Vali Mohamad, appeal filed against the said decree by the
Revenue Authorities was dismissed. He states that Second Appeal
No.1027 of 2012 preferred by the said Revenue Authorities was
also rejected by this Court. He submits that the Revenue
Authorities are aware and as a matter of fact parties to the said
civil proceedings. He states that the Revenue Authorities have
questioned the order of this Court passed in Second Appeal before
the Hon’ble Supreme Court and the said proceedings before the
Hon’ble Supreme Court are pending. He submits that even a suit
for specific performance filed by the Applicants against Mr. Abdul
Habib Vali Mohamad was decreed and deed of conveyance dated
30.09.2003 was executed in favour of the Applicants. He submits
that the subject matter of the crime is a civil dispute and at any
rate there is no criminality attached, warranting any criminal
action. He further states that custodial interrogation of the
Applicants, who are bona fide purchasers, is not warranted. Mr.
Aabad Ponda was at pains to submit that the offence registered
against the Applicants is an abuse of process of law.
6. Mr. Harsh Dedhia on instruction of Mr. Hiten Venegavkar
submits that the aforesaid crime is a serious offence as it pertains
to a large tract of land. He submits that criminal investigation is
required to ascertain the modus operandi adopted by the
Government officials in transferring the said land. He does not
dispute about the filing of the suit, the decree passed by the Civil
Court, appeal filed by the Revenue being dismissed up to this
Court. He however states that the issue is still pending before the
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Hon’ble Supreme Court.
7. I have given due consideration to the arguments advanced
by the learned Advocates and gone through the records with the
able assistance of the Advocates.
8. From the nature of allegations in the crime, it prima facie
appears that the subject matter of the crime pertains to a civil
dispute. Admittedly, the allottee Mr. Abdul Habib Vali Mohamad
has succeeded in the civil suit, which was filed questioning the
action of the Revenue Authorities in issuing show cause notice
dated 15.02.1999 to Mr. Abdul Habib Vali Mohamad, by which the
Revenue Authorities had sought to review the allotment order
dated 08.08.1988. Exhibit-L Colly at page No.137 of the petition
paper book is the order dated 05.12.2016 passed by this Court in
Second Appeal No.1027 of 2012. Paragraph Nos.13 and 14 of the
said order is transcribed herein below:
“13. The learned counsel for the appellants sought to contend
before this court that such permission was granted by the
Government. It is not in dispute that no such alleged permission
alleged to have been granted by the Government was produced
before the learned trial judge or even before the first appellate
court. The Government also could not produce any justification
and material which was considered by the collector before
issuing any such show cause notice to the plaintiff. Learned
counsel could not dispute that it was not the case of the
Government that any fraud was committed by the plaintiff upon
the Government in obtaining the order dated 8th August, 1988
passed by the Collector. (emphasis supplied).
14. It is not in dispute that during the period of 10 years
when the collector issued a show cause notice, several steps
were already taken by the plaintiff in respect of the suit
property. The Government itself had granted permission to the
plaintiff to register conveyance in respect of the suit property.
The learned trial judge has considered all these aspects in a
great detail in the impugned judgment and decree and has
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rightly passed a decree on 18th July, 2003.”
9. No doubt, the issue is still pending before the Hon’ble
Supreme Court.
10. Mr. Aabad Ponda, learned Senior Counsel appearing for the
Applicants states that the Applicants had filed a Special Civil Suit
No. 4 of 2001, before the Court of the Civil Judge at Diu, against
Mr. Abdul Habib Vali Mohamad seeking specific performance of the
agreement. The said suit was decreed on 12.06.2023. He further
states that the deed of conveyance in respect of the subject
property was executed on 30.09.2003.
11. Considering the above, more so the decrees/orders passed in
the civil suit/appeal, wherein Competent Civil Court has
considered the issue of allotment and has maintained the
allotment order dated 08.08.1988, custodial interrogation of the
Applicants is not warranted.
12. In view of the above, I find this to be a fit case to enlarge the
Applicants on pre-arrest bail, however subject to following
condition:
a) In the event of arrest of the Applicants in Crime No.08
of 2025, the Applicants shall be released, upon each of the
Applicant furnishing a PR bond in the sum of Rs.25,000/-
with one or two sureties in the like amount.
b) The Applicants shall appear and report before the
Investigation Officer, Diu Police Station, Diu, on 10.06.2025
from 10.00 am to 1.00 pm and thereafter, as and when as
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required by the Investigation Officer Diu Police Station, Diu.
c) The Applicants shall co-operate with the Investigation
Officer in the investigation.
d) The Applicants shall not interfere or influence any of
the witnesses or tamper with the evidence.
12. The Anticipatory Bail Application No. 1467 of 2025 is
disposed off in the above said terms.
