IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4027 OF 2009 Devendra Goyal ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Niteen Pradhan, Sr. Adv. i/by Ms.Shubhada Khot and Ammeta Kuttikrishnan, Adv. for the applicant. Mr.J.Y.Yagnik, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: The applicant is in custody since 18.8.09 in CR No.465/09 registered with Mira road police station for the offence punishable under sections 420, 465, 467, 468, 471 read with section 34 of IPC. 2. According to the learned counsel for the applicant the applicant is a builder by profession and is one of the directors of Devyog builders private limited. The applicant claims to have entered into an agreement for purchase of land admeasuring about 6435 sq. mtrs. With a view to purchase the said land the present applicant has paid a consideration to accused No.13 who represented himself to be power of attorney holder for one Ramu Kini since deceased. Accused Nos. 3 to 9 are members of one Bhandari family who also claimed an interest in the said land. On the basis of representation made by the other co-accused the present applicant has paid sum of Rs.60 lacs to accused Nos.13 and 3 to 9. Thus according to the applicant part of consideration had been paid with a view to purchase the valuable property. According to the learned counsel for the applicant, the applicant has not committed any offence 1 whatsoever and on the contrary has paid the amount to other co- accused by relying on representation made by them that they were the real owners and/or representing the real owners. The applicant prima facie is in no way benefited in the said transaction. 3. Learned APP on instructions of IO who is present in the Court submits that the original accused No.13 is absconding and the present application could be allowed by directing the applicant to attend crime branch of the concerned police station so that he can be interrogated and his statement can be recorded. In that view of the matter the application is allowed. The applicant-Devendra Goyal shall be released on bail on executing personal bond in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant shall attend the office of local Crime Branch, Thane Rural police station twice a week for a period of three months or till the filing of the charge sheet which is earlier. Applicant shall abide by the conditions stipulated in section 438(2) of Criminal Procedure Code. Application stands disposed of. 17.9.2009. 2