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TMI Blog2012 (9) TMI 1236X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the High Court of Judicature at Bombay in Criminal Application No. 786 of 2011 whereby the High Court dismissed the application for anticipatory bail filed by the Appellant herein. 3. Brief facts: (a) The Appellant is the Founder President and Managing Trustee of Sinhgad Technical Education Society, Pune (in short 'the Society'). The Society is engaged in imparting formal and informal education by establishing various schools, colleges and institutions in the State of Maharashtra. Respondent No. 1 is the State and Chainsukh Sobhachand Gandhi-Respondent No. 2 herein is the original Complainant and is a Trustee of Pawan Gandhi Charity Trust (in short 'the Trust') working for the upliftment of economically and social ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly registered with the office of sub-Registrar, Mulshi (Paud) at S. No. 3701/2008. (d) On 19.02.2011, the Appellant-Society received a legal notice to remove the dead stock and articles kept in the school within 4 days and further to vacate the school and to handover the possession in favour of the Trust alleging breach of the clauses mentioned in lease deed dated 13.05.2008. By reply dated 07.03.2011, the Appellant-Society denied the said allegations. (e) The Trust filed an application Under Section 41E of the Bombay Public Trust Act, 1950 before the Joint Charity Commissioner, Pune seeking prohibitory orders against the Appellant-Society. (f) Aggrieved by the inaction of the Trust, the Appellant-Society also filed two separate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actual details relating to the Appellant-accused and the Respondent No. 1-State and Respondent No. 2-Complainant, there is no need to traverse the same once again except certain aspects which are essential for the disposal of the present appeal. According to the Complainant/Respondent No. 2 herein - Pawan Gandhi Charity Trust had been established in the memory of his son and the Trust had a land on which a building was constructed for running a school. The Appellant claims to be the founder President and Managing Trustee of the said Society and the Trust had a land bearing Survey No. 154/6/1 admeasuring 57 acres on which building in the area of 650 sq. mts. was constructed. An English Medium School was started in the building in 2005 known ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, learned senior Counsel for the Appellant by taking us through the MoUs and lease deed and also the corrections in those documents submitted that those corrections have been made with the consent of the Complainant and according to him, no forgery has been committed as claimed by the Respondents. He pointed out that inasmuch as the sale deed could not take place and the property of the Trust could be leased out for a period of more than 3 years without the permission of the Charity Commissioner, the lease deed for a period of 35 months was executed and registered as stop-gap arrangement with an understanding that the Trust would approach the concerned Assistant Charity Commissioner for necessary permission and, thereafter, the lease deed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that in view of the conduct and involvement in various heinous offences, the Appellant is not entitled indulgence by this Court for any relief. 12. As observed above, all the three counsel appearing for the parties took us through MoUs, lease deed and other correspondence/communications with the Educational Authorities as well as the report of the Deputy Collector, Pune, to Senior Police Inspector, Bundgarden Police Station, Pune. It is also relevant to point out that all these materials were scrutinized/analyzed by the Additional Sessions Judge, Pune and the High Court while considering the application for anticipatory bail. It is true that the parties have also approached the Civil Court for various reliefs. At the same time, as po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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