SHYAMSUNDAR RADHYESHAM AGRAWAL v. STATE OF MAHARASHTRA
Discusses principles for granting anticipatory bail, evaluating evidence, and considering delay in lodging FIRs.
Court: Bombay High Court
Citation: 2025:BHC-AS:50852
Decision Date: 25-11-2025
List of Laws
Bharatiya Nagarik Suraksha Sanhita, 2023; The Indian Penal Code, 1860; The Bombay Tenancy and Agricultural Lands Act
- Bharatiya Nagarik Suraksha Sanhita, 2023: The judgment discusses Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the context of seeking pre-arrest protection. The significance lies in the court's consideration of whether the material on record discloses a prima facie case of serious forgery and collusion, which would disentitle the applicant to anticipatory bail. This aligns with the established principle that anticipatory bail is a jurisdiction of exception and must be exercised with circumspection. The practical implication for legal practitioners is the emphasis on demonstrating a lack of prima facie evidence of serious offenses to secure pre-arrest protection.
- The Indian Penal Code, 1860: The judgment refers to Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), 120B (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860. The discussion revolves around the allegations of forgery and fraud in land transactions. The significance is in the court's assessment of the seriousness of these allegations in the context of granting anticipatory bail. The court emphasizes that if public documents were tampered with or false documents were used, the material must be examined with proper caution. The practical implication is that the court will consider the gravity of the alleged offenses and the potential impact on public records when deciding on anticipatory bail.
- The Bombay Tenancy and Agricultural Lands Act: The judgment discusses Section 43 of the Bombay Tenancy and Agricultural Lands Act concerning the requirement of permission for the sale of tenancy land. The significance lies in the court's consideration of whether permission under this section was duly granted and whether the absence of an entry under this section in the 7/12 extract affects the legality of the conveyance. This aligns with the principle that statutory permissions granted after inquiry carry a presumption of regularity. The practical implication is that legal practitioners must carefully examine compliance with tenancy laws and the validity of permissions granted for land transactions.
🔒 For Members Only