Cri. Appln. No. 3302/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3302 OF 2011 Haribhau s/o. Laxman Kohak, R/o. Jamb Kaudgaon, Tq. Nagar, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra & Ors. ....Respondents. Mr. A. M. Gholap, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 4th August, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 253/11 registered in Kotwali Police Station, District Ahmednagar for offences punishable under sections 420, 34 etc. of IPC. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Shantabai Kantilal Shadale. She has purchased some portion of land Gat No 67 from one Bhausaheb Rambhau Kohak under registered sale deed dated 4.6.2009. She has made allegations that present applicant had approached her and had given promise to see that the land which is adjacent to the land of the present applicant is sold to her. Commission Cri. Appln. No. 3302/11 2 of Rs. 12,000/- was given to the present applicant as per the case of the complainant and then the sale deed was executed. She has contended that on the sale deed signatures of three ladies like Rahibai, Sindhubai and Lankabai were obtained as they had some interest in the property. She has contended that when she approached Talathi to enter her name in revenue record, she was informed that these three ladies have not given consent to the transaction. It is her case that applicant produced some other ladies before the office of Sub-Registrar and she is cheated. 3. The advocate for the applicant pointed out that the applicant has not signed on the document of sale deed either as a witness or as a person identifying the parties. He pointed out that the identification of the parties is given by one Mahesh Kantilal Shedale, son of the complainant. He submitted that one Satish Shamrao Warule, who is son in law of complainant, has signed the document to identify the parties. He also produced some record to show that in the past proceedings was filed to enter the name of applicant in crop cultivation column in respect of this property and order was made in his favour. Copy of order shows that the mother of vendor had given statement in favour of present applicant and then the order was made. He submitted that a civil suit is also filed by the present applicant against the complainant and vendor of the complainant in respect of the same land and the suit came to be filed on 21.7.2011. He submitted that after filing of the suit, FIR came to Cri. Appln. No. 3302/11 3 be filed against him. 4. In view of aforesaid circumstances, this Court holds that anticipatory bail needs to be given to the present applicant. So the application is allowed. In case of arrest of applicant in Cr. No. 253/11 registered in Kotwali Police Station, District Ahmednagar for offences punishable under sections 420, 34 etc. of IPC, he is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. He is to appear before the Investigating Officer on every Sunday between 9 am to 12 noon for the period of one month from today. [ T. V. NALAWADE, J.] ssc/criapln3302.11