12crn2581-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2581 OF 2010 1. Mr.Yuvraj Vithhal Sonar, & 2. Mr.Abhijeet Sopan Kudale. ..Applicants. Vs. The State of Maharashtra ..Respondent. .... Mr.K.S. Patil, Advocate for the applicants. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 17th JUNE, 2010 P.C. 1. Heard rival submissions for some time on this anticipatory bail application preferred by both the applicants apprehending their arrest in C.R. No.236 of 2010 registered with Haveli police station, District-Pune for the offence punishable under Sections 420, 467, 468, 471 of Indian Penal Code etc. 2. It is the allegation by original complainant, owner of 12crn2581-10 2 certain immovable property, that his real brother prepared forged power of attorney by which the complainant had given all the rights to him to deal with the immovable property. On the strength of such forged document, such brother of the complainant entered into a transaction of sale of the said immovable property with the present applicants for total consideration of Rs.15 lakhs. Said document was registered. Subsequently, after knowing that there was some legal hitch in getting said property in the name of the present applicants, they again conveyed the said property by registered deed in favour of brother of the complainant and his one more brother. 3. Learned A.P.P. submits that investigation is in progress and it is to be ascertained as to who had given thumb impression posing that it is the thumb impression of the complainant, appearing on the power of attorney. Allegedly according to the complainant also such power of attorney was fabricated by his real brother and there is no allegation that it 12crn2581-10 3 was in connivance or on instructions of the present applicants. Again on this aspect, learned Advocate for the applicants brought attention of this Court towards the contents of the First Information Report wherein it is specifically mentioned by the complainant that after he knew regarding such highhanded activity of his brother of preparing fabricated document, he censored his brothers and in the meeting held amongst family members, his brother took responsibility and accepted that he himself with the help of his sons fabricated the document. 4. In any event, according to the applicants, fabrication or otherwise of the power of attorney is at the hands of the real brothers of the complainant and that for the same, custodial interrogation of the present applicants is not warranted. Even otherwise also in order to assist police investigation, it is further submitted, the applicants are ready and willing to assist the police by attendance at the police station and by giving their thumb impression / handwriting 12crn2581-10 4 specimen. 5. In view of the above, the present application can be disposed of with following order :- :: O R D E R :: [i] Criminal Application No.2581 of 2010 for anticipatory bail is allowed. [ii] In the event of arrest of both the applicants - Mr.Yuvraj Vithhal Sonar & Mr.Abhijeet Sopan Kudale in C.R. No.236 of 2010 of Haveli police station, District - Pune, they shall be released on bail on their executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) each with one surety for the like amount each. [iii] In the event of arrest and on availing of bail, as above, the applicants shall attend the concerned police station on every Tuesday and Friday between 10:00 a.m. to 12:00 noon and to assist the investigation by 12crn2581-10 5 giving thumb impressions and writing specimens. Attendance of the applicants to the concerned police station shall continue till filing of the chargesheet. (A.R.JOSHI,J.)