1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 76/2010 [DILIP BHATU RATHOD AND ANOTHER VS. STATE OF MAHARASHTRA] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.R.M.Patwardhan, Advocate, for the applicants Mr. Dhote, APP for Respondent-State .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 29, 2010. Heard. 2. By order dated 15th January, 2010, interim anticipatory bail was granted in favour of the applicants since APP wanted to file reply. 3. Learned APP has filed reply today. According to the learned APP, the first informant in the case has lodged report regarding cheating by both the applicants on the assurance of giving him Government job. It is alleged that both these applicants obtained amount of Rs. 5,50,000/- in cash from the first informant. However, no appointment is being made in any Govt. Department, therefore, according to the complainant, the accused issued cheques bearing No. 159528, 159529, 159530, 159553, 159554, 159552, 159555. Out of those cheques, two cheques were deposited by the complainant, but they were bounced. Therefore, complainant had lodged report to the police Station Ambazari. The complainant has narrated the details to the Investigating 2 Officer and according to Investigating Officer, certain statements have been recorded during the course of investigation and he requires custody of the present applicants as offence under Sectin 420 is made out prima facie. The amount allegedly received by the accused is also required to be recovered or discovered. 4. Under these circumstances, the decision as to whether applicants are entitled for bail on merits must be led to regular court on the basis of appropriate bail application and/or remand application, as the case may be by the Investigating Officer. The interim anticipatory bail is therefore, continued upto 11th February, 2010, in order to enable the applicants to approach regular court i.e. C.J.M., Nagpur, subject to same conditions. 5. It is open for the applicants to apply for bail on merits before the learned C.J.M. Nagpur, by surrendering themselves on or before 11th February, 2010. If such application is moved, it shall be heard and disposed of on merits by the regular Court. Application stands disposed of. Hamdast allowed. JUDGE Rvjalit