1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1168 of 2009 Ramkrishna v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr O.Y. Kashid, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 3rd August 2009 1. Heard Mr O.Y. Kashid, learned counsel for applicant and Mr A. Parihar, learned APP for State. 2. Applicant is seeking bail in Crime No. M-7/2008 registered with Police Station, Civil Lines, Akola for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code. It is the prosecution that applicant sold land admeasuring 1040 square feet out of Gat No. 98 situated at village Khadki, Tahsil and District Akola by a registered sale deed dated 12.12.2006 to complainant Rameshwar Chintaman Bajar. However, it came to the knowledge of complainant that the plot was not, in fact, owned by applicant and he has thus been cheated by applicant. 3. Learned counsel for the applicant contended that applicant was a genuine and legal owner of the property in question and he has not 2 cheated or deceased the complainant. According to learned counsel, this can at the most be a subject-matter of civil dispute and no case of cheating or deception is prima facie made out. He submits that applicant is gainfully employed and he is working as Laboratory Assistant in Sriram Vidyalaya, Khetan Nagar, Akola and will be available for the purpose of investigation as and when called. Learned Addl. Public Prosecutor, on the other hand, opposed the bail application on the ground that there was no mutation in the name of applicant and still he has executed sale deed in favour of complainant and his act squarely amounts to cheating and deception. 4. Considering the nature of complaint which is based on Government record, I feel that it is not necessary to have custodial interrogation of the applicant and the applicant deserves to be released on anticipatory bail in the event of his arrest. Hence, the following order. 5. In the event of his arrest in Crime No. M-7/2008 registered with Police Station, Civil Lines, Akola for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, applicant be released on anticipatory bail upon his executing PR Bond in the sum of Rs. 25,000/- with one or more sureties on the condition that applicant shall make himself available for interrogation as and when called by the Investigating Officer. He shall leave his permanent address and cell/ telephone number with the Investigating Officer. Applicant shall not communicate with any prosecution witness or witnesses and tamper with prosecution evidence in any manner. Application stands disposed of accordingly. Judge. 3 hsj