Court denies bail to 71-year-old man held fake land deal case

Mumbai, Jun 8 (PTI) A court here on Monday refused bail to a 71-year-old man arrested in a case involving the alleged use of counterfeit government stamps to illegally obtain possession of 12,550 square metres of land.

In his order, Additional Sessions Judge P A Sable said accused Prakash Dubey’s age and medical conditions could not outweigh the sheer gravity of the allegations.

The court said that granting bail at this stage would adversely affect the ongoing investigation and undermine public confidence in the justice system.

Considering the seriousness of the offence and the organised manner in which it was allegedly committed, the prosecution’s apprehension that releasing the accused could lead to the destruction of evidence or the intimidation

of witnesses cannot be “brushed aside”, it said.

The prosecution alleged that the accused colluded with others to fabricate an irrevocable power of attorney dated May 25, 2010.

They allegedly misused the stamps of the Collector’s Office and the Joint Deputy Registrar in Borivali to execute the crime, the police alleged.

As per the prosecution, the forged document was then registered at the Joint Sub-Registrar’s Office, allowing the accused to unlawfully gain authority over the vast property, spread over 12,550 square metres (nearly 1,35,000 sq ft).

The forgery came to light following a Bombay High Court directive that ordered the Sub-Registrar Class II, Mumbai No. 18, to verify specific power of attorney documents.

Upon verification, it was discovered that the registered General Power of Attorney was forged and that no valid record of the Irrevocable Power of Attorney existed under the claimed registration number, the prosecution said.

Dubey’s lawyer submitted that the accused is 71 and suffers from severe health conditions, including diabetes, hypertension, and heart-related ailments.

He has deep roots in society as a permanent resident of Mumbai and possesses no prior criminal record, the defence said.

It argued that the contentious land deal was conducted through proper banking channels, and there is no material directly linking the applicant to the creation of the forged documents.

However, the court ruled that in view of the specific role attributed to Dubey and the still ongoing investigation, “it would not be just and proper to grant bail at this stage”.

As far as his medical treatment is concerned, the same can be adequately provided by the jail authorities as required, the court ruled. PTI AVI NR