Mumbai, Nov 25: The Bombay High Court on Tuesday granted anticipatory bail to businessman Shyamsundar Radhyesham Agarwal (60), accused in an alleged conspiracy to forge documents and usurp protected tenancy land in Bhayandar nearly 15 years ago.
FIR Alleged Misuse of Power of Attorney and Illegal Sale Deeds
The FIR was lodged by one Balwant Patil (58) at Thane Nagar Police Station claiming that his family's ancestral tenancy over land at Mouje Navghar, measuring 18,490 sq m, was illegally disturbed.
According to him, between 2008 and 2011, Agarwal and others misused a 2003 power of attorney, inserted names, executed sale deeds without mandatory permissions under the Bombay Tenancy and Agricultural Lands Act, and manipulated revenue entries.
Defence Argues FIR Filed After 12–15 Years to Disturb Settled Title
Senior advocate Mihir Desai, appearing for Agarwal, argued that the FIR was lodged 12–15 years after the transactions and was an attempt to unsettle a long-settled chain of title.
He noted that the complainant was himself a witness to the 2003 documents, that the transactions were registered and publicly reflected in revenue records, and that multiple rectification and confirming deeds had been executed over the years, including as recently as 2023.
State Opposes Bail; Cites Forgery and Arrest of Co-accused
Additional public prosecutor Mahalakshmi Ganapathy opposed bail, stating that forged documents had been used to take over the land and that two co-accused — Agarwal’s nephews — had already been arrested. The APP said their statements implicated Agarwal and sought custodial interrogation.
Prosecution Points to 35 Cases; Defence Rebuts With Acquittals, Quashed FIRs
Moreover, the state contended that Agarwal has 35 cases registered against him.
Desai countered that in three cases Agarwal has been acquitted. In six cases, FIRs have been quashed by HC. In two cases, he has been discharged. In eight cases, the prosecution has filed summary reports.
In eight other cases, the applicant’s business partner, who is arrested under MCOCA, has filed cases against him. He submitted that in most matters the applicant has been protected either by interim orders of the Sessions Court or HC.
Court Questions Delay in FIR; Says Criminal Law Cannot Disturb Long-standing Civil Transactions
The court, however, observed that the “substantial and unexplained delay” in filing the FIR cast serious doubt on the genuineness of the grievance. It noted that all transactions had remained on public record for years and had been the subject of civil proceedings.
“Such delay raises a serious question whether the grievance is genuine,” Justice Amit Borkar remarked, adding that criminal law cannot be invoked belatedly to disturb long-standing civil arrangements unless fresh, compelling material emerges.
Court Notes Cooperation; Finds Custodial Interrogation Unnecessary
While noting the seriousness of allegations relating to tampering with public documents, the court held that custodial interrogation had not been shown to be necessary. It also recorded that Agarwal had cooperated, supplied documents when asked, and that similarly placed co-accused were already on bail.
Anticipatory Bail Granted With Conditions
Granting anticipatory bail, the court directed Agarwal to cooperate with the investigation, refrain from contacting witnesses, avoid tampering with records, furnish his permanent address, seek permission before travel, and report to the investigating officer as required.
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Agarwal Has Filed Several Cases Including Against Param Bir Singh
Agarwal himself has filed several cases, including against his business partner Sanjay Punamiya and former Mumbai police commissioner Param Bir Singh. His complaint against Param Bir Singh, six police officers and two builders alleged that the policemen demanded money not to invoke MCOCA against him for his alleged underworld nexus.
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