Mumbai Court Denies Bail to 71-Year-Old Man in Massive 1.35 Lakh Sq Ft Land Scam

A Mumbai court on Monday denied bail to a 71-year-old man accused of using counterfeit government stamps to illegally seize 12,550 square metres of land.

In his order, Additional Sessions Judge P A Sable emphasized that the age and medical conditions of the accused, Prakash Dubey, could not overshadow the sheer gravity of the allegations. The court noted that granting bail at this juncture would hamper the ongoing investigation and undermine public confidence in the justice system.

Why the Court Refused Bail

Highlighting the seriousness of the offense and the organized manner in which it was allegedly executed, the court stated that the prosecution's fears cannot be "brushed aside." The prosecution argued that releasing the accused could lead to the destruction of evidence or the intimidation of witnesses.

According to the prosecution, the accused conspired with others to fabricate an irrevocable power of attorney dated May 25, 2010. The police alleged that the group misused the official stamps of the Collector's Office and the Joint Deputy Registrar in Borivali to commit the crime. The prosecution further stated that this forged document was later registered at the Joint Sub-Registrar's Office. This fraudulent registration allowed the accused to unlawfully gain control over the massive property, which spans nearly 1,35,000 square feet (12,550 square metres).

How the Forgery Was Uncovered

The alleged scam came to light following a directive from the Bombay High Court, which ordered the Sub-Registrar Class II, Mumbai No. 18, to verify specific power of attorney documents. Upon inspection, officials discovered that the registered General Power of Attorney was a fake and that no valid record of the Irrevocable Power of Attorney existed under the claimed registration number, the prosecution said.

Defending the accused, Dubey's lawyer argued that his client is a 71-year-old individual suffering from severe health conditions, including diabetes, hypertension, and heart-related ailments. The defense also pointed out that Dubey is a permanent resident of Mumbai with deep roots in society and no prior criminal record. Furthermore, the defense contended that the land transaction was conducted through official banking channels and that there is no direct evidence linking Dubey to the creation of the forged documents.

However, the court rejected these arguments, ruling that given the specific role attributed to Dubey and the active nature of the probe, "it would not be just and proper to grant bail at this stage". Addressing his health concerns, the court added that any necessary medical treatment can be adequately provided by jail authorities.