1 ABA : 552,557,518/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.552 OF 2011 Vishwas Janardan Jadhav ... Applicant Vs. The State of Maharashtra .... Respondent (through Sadar Bazar Police Stn.) Mr. A.P. Mundargi i/by Mr. M.K. Kocharekar for applicant. Mrs. P.V. Badadre (original) complainant. Mrs. A.A. Mane, APP for State. WITH ANTICIPATORY BAIL APPLICATION NO.557 OF 2011 Mainuddin Dastgir Tamboli ... Applicant Vs. The State of Maharashtra .... Respondent Mr. H.E. Palwe, Advocate for applicant. Mrs. P.V. Badadre (original) complainant. Mrs. A.A. Mane, APP for State. 2 ABA : 552,557,518/2011 WITH ANTICIPATORY BAIL APPLICATION NO.518 OF 2011 Shri Sidramappa Kallapa Hulsure ... Applicant Vs. The State of Maharashtra .... Respondent Mr. Kalantri i/by Sanket Telang for applicant. Mrs. P.V. Badadre (original) complainant. Mrs. A.A. Mane, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 2nd August, 2011 P.C. 1. All the three applicants herein apprehend arrest in C.R. No.149 of 2011 registered with Sadar Bazar Police Station for the offence punishable under Section 420 read with 34 Indian Penal Code. The complainant is Smt. Sunita Rohidas Londhe. Her husband, who expired in the year 2006, while serving in Military was allotted a plot of land at Majrewadi, Dist. Solapur bearing City Survey No.99/(2/7)/8, admeasuring 1 acre, 1 guntha. Applicants Vishwas Janardan Jadhav and Mainuddin Dastgir Tamboli are the neighbours of the complainant. She alleges that on 10th February 3 ABA : 552,557,518/2011 2011 at about 1 pm., these applicants took her to the office of Joint Registrar for preparing a document for transfer of plot of land to her name but in fact got the sale­deed in respect of the land registered in favour of applicants Sidramappa Kallapa Hulsure and one Shrishail Vishwanath Bamma. Vishwas Jadhav and one Rashid Qureshi had signed the sale­deed as witnesses, whereas Mainuddin Tamboli had signed as confirming party. Mainuddin Tamboli, undisputedly had some transaction with the complainant relating to the land in question. The complainant claims to have learnt about the fraud played upon her sometime in the month of May when her brother checked into the records to ascertain transfer of the land to her name. 2. Mr. Mundargi, the learned Senior Counsel appearing for the purchasers points out that one of the attesting witnesses Rasheed Shaikh has not been implicated in the complaint. The complainant has not filed any civil proceedings to challenge the transaction of sale till today. There is no dispute that she has received the consideration of the land from the purchasers, which was paid by cheques. The complainant had encashed one cheque on the very date of the execution of the agreement and the 4 ABA : 552,557,518/2011 other cheque on a subsequent date. In these facts, in my opinion, there is no need for any custodial interrogation of any of the applicants. The purpose of investigation would be served if the applicants are directed to attend to the Police Station for the assistance in the investigation. Hence, the applications are allowed. In the event of their arrest in connection with C.R. No. 149 of 2011 registered with Sadar Bazar Police Station, Solapur for the offence punishable under Section 420 read with 34 Indian Penal Code, the applicants be released on bail in the sum of Rs. 25,000/­ each with one solvent surety each in the like amount. The applicants shall make themselves available for interrogation by the Investigation Officer as and when required. They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicants shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J.)