1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1584 OF 2010 Naresh W. Pamwani and anr. ..Applicants. Vs. The State of Maharashtra. ..Respondents. Mr.R.S.Desai i/by Mr.N.R.Bubna for the Applicant. Smt.A.A.Mane,APP.for the State. Ms. Manju Sharma for the first informant. CORAM : R.S. MOHITE, J. DATE : 8th April, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicants are shown as an accused in CR No.214/2009 registered by Mahim Police Station for the alleged offences punishable U/s.420,464,467 and 471 of the I.P.C. The case of the complainant is that a lady by name Nanki Chellani who is owner of the flat at Mahim by an agreement dated 15.9.2008 agreed to sell the flat to the complainant. Arrangement was that after the sale transaction, she would be given the said flat 2 on leave and licence. In short, N.C. is registered against the old lady of 80 years. It is contended that thereafter a bogus gift deed was executed by Nankibai in favour of one Kamal Saigal. Admittedly that gift deed which is said to be a fabricated document is not signed by the present applicants. Consequent to the said gift deed said Kamal Saigal has entered into an agreement for sale with one Smita. This document is executed on 18.10.2008 and is signed by the present applicant as a witness. The record indicates that the amount of Rs.40.00 lacs paid by the complainant under the agreement of sale dated 18.10.2008 was transferred to the bank account of Kamal Saigal. On perusal of the bank statement of Kamal Saigal it appears that out of the said amount of Rs.40.00 lacs, a pay order of Rs.9/- lacs was issued in the name of the present applicant. However, it appears that the said pay order which was issued in March,2009 was immediately cancelled within a day on 4.3.2009. In so far as the applicant No.2 is concerned, the 3 Sessions Court has observed that an amount of Rs. 1.00 lacs has been transferred to the bank account of the present applicant No.2. Such entry is not found in the account of the Kamal. It is seen that account of Nanki Chellani indicates a debit for an amount of Rs.39,75000/- and the corresponding credit in the account of Kamal is dated 4.10.2009. However, it is seen that on the date when this amount was credited in the account of Kamal, there was already an overdraft amount of Rs. 43,96,338/-. The amount received from Nanki Chellani has therefore, immediately been appropriated by the bank towards the overdraft amount and therefore, this amount could not have been paid to anybody else. It appears that these facts have not been taken into account by the Sessions Court. In the circumstances, in so far as present applicants are concerned, since they are not the signatories on the alleged fabricated gift deed and do not appear to have received any amount in any bank transaction, I am inclined to grant 4 anticipatory bail to them. It is therefore, directed that in the event of their arrest, the applicants will be released on bail in the sum of Rs.25,000/-each with one surety each in the like amount subject to the condition that they will report to the Investigating Officer once in a week on every Monday between 11.00 a.m. and 5.00 p.m. till the charge sheet is filed and thereafter, once in a fortnight on every first and third Monday till the disposal of the trial and on further condition that they will remain present on all the dates of the trial in the trial court unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)