BA-866-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.866 OF 2011 Sangram Vilasrao Patil ... Applicant V/s. State of Maharashtra, Thru' Kharghar Police Station, Navi Mumbai ... Respondent Mr. A.P. Mundargi, Sr. Advocate, a/w. Mr. Shirish Gupte, Sr. Advocate, i/b. Mr. G.H. Keluskar and Mr. Sudhir Prabhu, for the Applicant. Mr. K.V. Saste, APP, for the Respondent. Mr. D.S. Mhaispurkar for the First Informant. Mr. S.A.A. Naqvi for the Original Intervenor. The I.O. is present in person. CORAM:- A.M. THIPSAY, J. DATED :- 4 TH JULY, 2011. P.C. : 1. Heard Mr. Mundargi, the learned Advocate for the Applicant, Mr. Saste, the learned APP for the Respondent-State, Mr. Mhaispurkar, the learned Advocate for the First Informant. I have also heard Mr. S.A.A. Naqvi, the learned Advocate, who is permitted to appear for the heirs of one Harjibhai Ladha and oppose the application for bail. 2. The matter was partly heard on 1st July, 2011 and the Case Diary was retained for going through the same. I have now gone through the Case Diary. BA-866-11.sxw 2 Dixit 3. It is clear that the grievance of the First Informant - Madan Kolambekar - is basically to the effect that the Applicant promised to secure some plots of land for him, accepted monies from him towards the part payment of the purchase price; but, ultimately, did not get the plots transferred in his name. In the F.I.R., there is a reference to four plots. It is also clear that the First Informant made certain enquiries and found that, as regards the plot said to have been allotted to one Harjibhai Ladha, bogus documents had been submitted to the CIDCO Authorities, and that a bogus transfer was effected in favour of the Applicant. It was revealed that some person falsely posed as the heir of Harjibhai Ladha. Some employees of CIDCO, the Applicant and other two accused conspired and showed falsely that the said plot had been transferred in the name of the present Applicant. 4. Undoubtedly, it does appear that the offences of forgery, cheating etc. with respect to the said plot said to have been allotted to Harjibhai Ladha have taken place. However, the exact role of the Applicant in the matters of forgery, cheating etc. with respect to the said plot is not very clear, in spite of the fact that the Applicant continues to be in custody since 6th May, 2011. 5. I have carefully gone through the Case Diaries and I find that, for the investigation to effectively proceed further, the person who falsely posed to be the legal heir of Harjibhai Ladha needs to be apprehended. I am of the opinion that just by authorizing further detention of the Applicant, the said person cannot be found. The Investigating Agency has to adopt other effective methods for apprehending the said person. I am satisfied that the Applicant has been sufficiently interrogated. BA-866-11.sxw 3 Dixit 6. Considering all the relevant aspects of the matter, though there is a need to carry out further investigation into the matter, it would be proper to release the Applicant on bail. The Applicant is not likely to abscond, if released on bail. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.3,00,000/-, with one surety in like amount, or two sureties in the sum of Rs.1,50,000/-, on the condition that the Applicant shall report to the Kharghar Police Station, Navi Mumbai, once in a week, till the filing of the Charge-Sheet. [A.M. THIPSAY, J.]