1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5711 of 2009 Mr.Kamal Chamanlal Saigal ... Applicant versus The State of Maharashtra & Anr ... Respondents ... Mr.R.S.Desai for the applicant. Mr.Amol V. Doijode and Ms.Manju Sharma for first informant. Mr.S.A.Shaikh APP for the State. CORAM : D.G. KARNIK, J. DATED : 21st January 2010 P.C. 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R.No.214 registered at Mahim police station, Mumbai for an alleged offence punishable u/s.420 of the IPC. 3. A flat bearing No.6/13 in Vivekananda Society (for short “the said flat”) belonged to one Nanki Chellaram Chelani. She agreed to sell the said flat to Tarun Kapoor (for short “the complainant”) for a sum of Rs. 40 lakhs. The complainant paid to Nanki a sum of Rs.One lakh by 2 cheque and Rs.39 Lakhs by demand draft. It is alleged that Nanki thereafter gave the said flat in possession of the present applicant who claims to be her distant relative. The applicants claims that the flat has been gifted to him under a Gift Deed which appears to have been executed on a stamp paper of Rs.100/-. Gift deed is not registered. The present applicant has filed the application for pre-arrest bail. 3. Learned APP submits that the custody of the applicant is needed and there was a conspiracy between Nanki and the present applicant who cheated and defrauded the complainant. 4. Taking into consideration the nature of the offence and the fact that the large sum for which the complainant appears to have been cheated and the submission of the learned APP that custodial interrogation of the applicant is necessary for the purpose of investigation, I do not think it fit to grant pre-arrest bail. Application is accordingly rejected. (D.G. KARNIK,J.)