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The high court, in its order, noted that there was prima facie evidence indicating intentional wrongdoing by Khatu
The Bombay High Court has denied anticipatory bail to a lawyer who was booked for forging court orders and misleading an elderly client.
A single-judge bench of the high court, comprising Justice RN Laddha, was hearing an application filed by Advocate Vinaykumar Ashok Khatu seeking anticipatory bail in the case filed against him.
The 74-year-old client had engaged Khatu in a case related to her Alibaug property. It was alleged that Khatu informed the client that the high court had issued a favourable order on October 17, 2022.
Additionally, Khatu provided another order dated December 12, 2022, which purportedly allowed the second appeal filed by the complainant.
Upon consulting her new advocate and checking the official website of the high court, the complainant discovered that no such orders had been issued, and the orders provided by the applicant were found to be forged and fabricated. She further alleged that Khatu had taken ₹2.30 crore from her.
Advocate Pushpa Ganediwala, appearing for the applicant, argued that there had been a significant and unexplained delay in filing the FIR. She also added that the WhatsApp chat records do not mention the term "High Court," and the stay order in question was actually issued on February 10, 2022, by the Sub-Divisional Officer of Alibaug.
She clarified that Khatu only received ₹65,00,000 in his account, and the WhatsApp chat further indicates that ₹30,00,000 was paid towards sales tax, and ₹60,00,000 was paid towards customs duties.
Public Prosecutor Yogesh Dabke, along with Additional Public Prosecutor, argued that Khatu obtained the amount under the guise of securing favourable orders, and this could be confirmed from his WhatsApp chats with the informant and her accountant.
He added that witness statements indicated that the applicant had delivered forged and fabricated orders purportedly issued by the high court.
The high court, in its order, noted that there was prima facie evidence indicating intentional wrongdoing by Khatu.
“Balancing the protection of the applicant’s rights with the integrity of the investigation, given the serious nature of the allegations and the collected material, prima facie, indicates intentional wrongdoing by the applicant,” the order reads.
Accordingly, the high court denied pre-arrest bail while observing that there is a possibility of similar circumstanced victims.
“Forging the Court’s order is a severe violation that undermines public trust in the legal system. Moreover, the applicant has criminal antecedents, and the investigation is at a nascent stage…..The possibility of there being similarly circumstanced victims is also eminent. Additionally, the applicant has criminal antecedents. The release of the applicant on pre-arrest bail would impede the course of effective investigation,” the order reads.
Case title: Vinaykumar Ashok Khatu vs State of Maharashtra
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