The Bombay High Court has granted anticipatory bail to Shyamsundar Radhyesham Agarwal, accused of forging land documents and illegally transferring protected tenancy land in Bhayandar between 2003 and 2011. Justice Amit Borkar held that the 12–15-year delay in filing the FIR, coupled with the existence of multiple registered instruments, rectification deeds, civil suits, and statutory permissions, weighs in favour of granting protection from arrest, though serious allegations remain to be investigated.
The FIR, lodged in 2025 alleges that accused persons manipulated a 2003 Power of Attorney, annexed a forged 7/12 extract, deleted mandatory tenancy-law entries under Section 43 of the BTAL Act, substituted village names, and executed a 2008 conveyance of the 18,490 sq. m. Navghar land without the consent of protected tenants. The complainant claims no heir received consideration, and that several documents including the 2008 conveyance and 2011 ‘confirming’ deed were executed through fraud.
The prosecution argued that the case reflects serious land grabbing, citing the Tahsildar’s statement that the 7/12 extract appeared manipulated, and custodial statements of two arrested co-accused nephews who blamed accused. The State also emphasised accused’s extensive criminal antecedents.
However, the Court noted that the underlying documents were registered and part of public record for over a decade, permission under Section 43 was granted by the SDO after inquiry in 2011, and civil courts had dealt with related disputes, including settlements and confirming deeds. Justice Borkar held that while forgery of public records is serious, custodial interrogation was not shown to be indispensable, especially since co-accused purchasers are already on bail and the applicant has cooperated with the investigation.
Granting protection, the Court imposed stringent conditions, including weekly police reporting, surrender of passport, non-interference with witnesses, and full cooperation with the investigation. It clarified that the civil rights of parties remain unaffected and civil courts may proceed independently.
Appearances:
Mr. Mihir Desai, Senior Advocate with Mr. Pavan Patil, Mr. Prithviraj Gole, Mr. Soham Badole, and Mr. Siddhesh Pednekar for the applicant.
Mrs. Mahalakshmi Ganapathy, APP for the respondent- State.
Mr. Aabad Ponda with Mr. Karan Jain i/by Mr. Faizal Shaikh for the intervener/applicant in IA.
