1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3706 OF 2009 1. Suresh S/o.Govindrao Jagtap, Age-38 years, Occu-Business, R/o.Jai Bhaim Nagar, Aurangabad 2. Deepak S/o.Govindrao Jagtap, Age-34 years, Occu-Business, R/o. As above. 3. Vinod S/o.Maruti Bhalerao, Age-28 years, Occu-Business, R/o. As above. APPLICANTS VERSUS The State of Maharashtra Through the Department of Home, Secretary of Home Dept. Mantralaya, Mumbai-32, and The Police Officer, Kranti Chowk Police Station, Aurangabad RESPONDENT Mr.A.R.Rathod, learned counsel for applicants. Mr.N.B.Patil, learned APP for respondent State (CORAM : A.V.POTDAR, J.) DATE : 03/11/2009 PER COURT : 2 1. By the present application, the applicants are praying to release them on bail as they are arrested on 03/10/2009 in C.R.No. 468/2008, registered on 23/10/2008 in Kranti Chowk Police Station, Aurangabad. 2. On notice, learned APP produced the papers of investigation. 3. Heard respective counsels Shri.Rathod for applicant and Shri.N.B.Patil, learned APP for respondent. 4. It is urged across the bar that the alleged offence was registered on 23/10/2008 on the complaint of one Vimal Jain that the principal offender Devanand Laxman Gaikwad has got executed the sale deed of her property in his favour with the help of 7 other accused including the stamp vendor. On the basis of complaint, an offence was registered under section 447, 451, 467, 468, 471, 420, 120(B), 34 of IPC. It is informed across the bar and not under dispute that the civil suit is filed by the said complainant Mrs. Vimal Jain against the principal offender in 6th Jt.Civil Judge, S.D. Aurangabad for declaration and injunction. It is in respect of the property, the subject matter of this criminal application also. According to him, the nature of the complaint is of civil nature for which civil suit is filed. 5. During the course of submissions across the bar, it is urged by learned APP Shri.N.B.Patil that considering the papers of 3 investigation, these applicants are involved in the present crime. 6. The accused were arrested on 03/10/2009 and in custody for more than 30 days. The principal ground to oppose the bail application is that the stamp vendor is yet to be arrested, from whom the stamp papers were purchased on which the alleged sale deed was executed. It is also urged that the original sale deed is not traceable. It is an admitted fact that the principal offender Devanand was already released on bail. 7. Considering the allegations in the FIR against these accused, what is the role played by these accused was not specifically disclosed in the application. In the premise, considering the nature of the accusation against these accused, this application requires following order - O R D E R 1. All the applicants be released on bail on furnishing PR bond in the sum of Rs.15,000/- each and on executing the PR bond in the like amount. 2. After releasing on bail, the applicants not to tamper with the prosecution witnesses. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3706-09