1 CA5144/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5144 OF 2011 Niyaz Mohammad Khan s/o Ibrahim Khan Applicant V E R S U S The State of Maharashtra & Anr. Respondents Shri S.G. Ladda, Advocate for the applicant Shri D.R. Kale, APP for the respondents / State CORAM : R.Y. GANOO, J. DATED : 14th December, 2011 PER COURT : 1. Applicant apprehends arrest in connection with CR No. I – 88 of 2011, registered with Begumpura Police Station, Aurangabad, under Sections 415, 418, 420, 427, 441, 431, 430, 447, 464, 465, 468, 470, 471 of the Indian penal Code and under Sections 52, 53 of the M.R.T.P. Act. 2. According to the complainant, the bed of river Kham was converted into plots of land by the present applicant and those plots of land were sold to various persons by misrepresentation. 2 CA5144/2011 3. Having perused the entire record, even if it is accepted that the present applicant has filled in the bed of the river Kham without the permission of the competent authority that at the most could be termed as ‘trespass’ and having taken away the Government land. Looking to the allegations set out in the complaint as also some of the documents which are annexed including the permission issued by the Collector dated 31st July, 1999, I am inclined to observe that this is not a case where custodial interrogation of the present applicant is required. He can be suitably interrogated. He can be asked to produce relevant documents. In view of this, following order is passed to dispose of the present application : O R D E R A. In the event of arrest of the applicant in connection with CR No. I – 88 of 2011, registered with Begumpura Police Station, Aurangabad, he be released on bail in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one surety in the like amount. The applicant 3 CA5144/2011 shall furnish P.R. Bond of Rs.20,000/- (Rupees Twenty Thousand). B. The applicant shall report to the concerned police station firstly on 20th December, 2011, between 11.00 a.m. to 04.00 p.m. and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/14/12/11