MUMBAI, July 24: The anticipatory bail application filed by a former police prosecutor for his alleged involvement in a flat grabbing case at Kurla was rejected on Friday by Principal Sessions Judge AS Aguiar. The judge also rejected an application for staying of arrest which would have enabled the accused to move High Court.According to a complaint filed by Umesh Dhumal, attorney for Purandas Ramsingh Rathod, the original owner of the disputed flat, at Nehrunagar police station, ex-prosecutor Rohidas Bana Rathod along with his wife had occupied a flat at Naik Nagar Co-operative Society which belonged to Purandas Rathod. In their report to the court, the police said the accused has claimed that the flat belongs to his brother-in-law but there is no documentary evidence to prove that the flat was purchased by the brother-in-law of the accused.
Police said that the original owner of the flat was Purandas Rathod who had paid a sum of Rs 1.35 lakh towards the cost of the flat in 1985. In 1995 the societyhad issued a letter to Purandas Rathod to take possession of the flat but the latter could not do so since he resided at Jalgaon and is a farmer by profession. On April 25, 1997, Purandas Rathod executed a power of attorney to Dhumal to take possession of the flat.
When Purandas Rathod arrived in Mumbai to take possession of the flat he found one Umedsingh Rajput residing in his flat. On making enquires with Rajput, Purandas Rathod found that Rajput was inducted into the flat by the accused Rohidas Bama Rathod and his wife Kiran after paying a sum of Rs one lakh in 1992.
The police also recorded statements of Prakash Jadhav, Secretary of the Society and Mohan Pawar, clerk who works on a honorary basis. The duo in their statements stated that Purandas Rathod is the bonafide owner and the accused forcibly took away the flat which clearly shows that the accused is involved in flat grabbing.
The incident took a turn on April 6, 1998 when Dhumal came near the flat he found the door of the flat locked and tohis dismay he found another lock on the door. On making enquires, Dhumal learnt that Rohidas Rathod and his wife broke opened the door and kept their belongings. The duo then threatened Dhumal who lodged a complaint (52/98) under sections 341, 506(II), 454 and 457 of the Indian Penal Code. The wife and son of the former police prosecutor were arrested on May 10, 1998 and released on bail the same day.
Rohidas Rathod who was a police prosecutor for more than 20 years filed a contempt petition before the Bombay High Court against some police officials which was dismissed. The division bench of Justices A P Shah and SS Parkar passed several strictures against the accused.
The ex-police prosecutor in his application has refuted all the allegations and submitted that the flat belongs to his brother-in-law and that the complainant was making false complaints in order to pressurise him. Rohidas Rathod said that he was not present on the day and that the complainant had forcibly occupied the flat.
SpecialPublic Prosecutor Vidya Kalse appeared for the state while PB Patil appeared for Rohidas Patil.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.