IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.407 OF 2009 1.Yuvraj Thanmal Oswal 2.Yogesh Chandrakant Rathod 3. Anil Devichand Oswal 4. Shri Nitin Mohanlal Parmar 5. Bharat Sakalchand Gandhi ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri A.P. Mundargi, Senior Counsel i/b. Shri M.K. Kocharekar for Applicants Shri Rajesh More, APP for State ---- CORAM: V.M. KANADE J. DATED 5TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The prosecution case is that one Memon and his wife owned certain property at Lonawala. One Mr. Satish Pathak made a representation to the present Applicants that the said property was available for sale and that he was a power of attorney holder of one Smt. Hajra Iqbal Memon, the original owner. Accordingly, the Applicants allegedly gave a notice calling for objections and, thereafter, had entered into an agreement of sale with the power of attorney holder Satish Pathak, which was registered with the Sub- Registrar and an amount of Rs.36,00,000/- approximately was paid to Satish Pathak, out of which Rs.16,00,000/- was paid by cheque and the balance amount by cash and an amount of Rs.10,00,000/- was paid towards stamp duty. When the conveyance was to be registered, at that time, one lady impersonated as original owner Smt. Hajra Iqbal Memon. The Sub-Registrar informed the parties that an objection had been received regarding the registration of the said document. Parties however, informed the Sub- Registrar that they would take up the responsibility if the document was kept under objection for registration. The complaint was later on filed, in which, it is alleged that the owner of the said land was not personally present and somebody has impersonated her. The Accused Satish Pathak was arrested. It transpired that the amount which was given by the Applicants was deposited by him in the bank and later on, the amount was used for purchasing car, some other properties and articles . All those articles as well as car were seized by the police. 3. From the aforesaid facts, prima facie it appears that the Applicants were cheated by the said Satish Pathak. They agreed to register the said document probably because they felt that since the original owner was present, the objection regarding registration would be dealt with at the subsequent stage. The Applicants have parted with a huge amount of money and in turn, they have not gained anything. Even otherwise, had they known that the lady had impersonated the real owner, they would not have parted with such huge amount of money. The Applicants are businessmen and had never come to the adverse notice of the police at any time. Prima facie case, therefore, is made out for grant of bail. 4. Custodial interrogation of the Applicants, in my view, is not necessary. 5. The Applicants, in the event of their arrest in connection with the aforesaid facts, shall be released on bail in a sum of Rs.25,000/- each with one or two sureties in the like amount. The Applicants shall co-operate with the police and attend the concerned police station, as and when called. 6. Application is, accordingly, allowed and disposed of. V.M. KANADE J.