IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3588 of 2009 Sanjay v. 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 P. Ukey, Advocate for applicant Mr S.B. Ahirkar, APP for State Coram : A.P. Bhangale, J Dated : 10th February 2010 1. Heard learned counsel for the parties. Parsioni Police Station had received complaint from one Mukund Ganesh Barve, Advocate practicing in Mumbai against number of persons including the present applicant. The FIR was lodged on 31st March 2009 regarding the bogus sale of immovable property and one of those persons impersonated himself in the name of the first informant as Mukund Ganesh Barve, General Manager on behalf of Maxworth Orchard India Limited. According to first informant, he had left services of the said Company way back in 1996 and started practicing as an advocate in Bombay High Court. First informant came to know that certain persons entered into criminal conspiracy with each other to deprive huge immovable property to its owner Maxworth Orchard (India) Limited. One of the conspirators impersonated himself as if he is authorised by Maxworth Orchard India Limited and posed himself as Mukund Ganesh Barve in order to sell immovable property to number of persons. The fraud was executed to the extent that even Government servant like Sub- Registrar is involved in execution of documents such as sale deeds which are apparently containing name of the first-informant as sellor/ attorney on behalf of Maxworth Orchard India Limited. It is really astonishing that the offender who impersonated himself as Mukund Ganesh Barve succeeded to obtain bail order and absconded, according to learned APP. Learned APP also brought to my notice that the particulars such as address of the accused who impersonated himself as General Manager (Legal) on behalf of the said Company gave bogus address as “139, Patil Plaza, Bajirao Road, Pune”. According to investigating agency, no such person could be traced out at the said address. Thus, it is case of the prosecution at this stage that the accused who was named in the FIR entered into criminal conspiracy with each other, put forward a person as Mukund Ganesh Barve and entered into bogus transactions in relation to immovable property belonging to Maxworth Orchard (India) Limited with a view to cause wrongful loss of property to the said Company. 2. Learned APP submitted that that some of the accused who were granted bail are absconding and some of them did not cooperate in the investigation. According to him, the investigating agency is required to probe deeper into criminal conspiracy in order to trace out the absconding accused. The steps are already taken for cancellation of bail in respect of those who are released on bail in this case. 3. Considering the serious nature of accusations, it is but necessary that investigating agency must have full opportunity to investigate into serious crime in order to book the real culprits and bring them to justice. Under these circumstances, considering that the present applicant is one of the alleged purchasers amongst others purportedly purchasing the property from bogus person impersonating himself as General Manager (Mukund Ganesh Barve) on behalf of Maxworth Orchard India Limited, I think his custodial interrogation would be necessary although it is argued that he had approached the investigating officer and his statement was also recorded. If prayer for anticipatory bail is allowed in such cases, investigation may be nipped in bud at its preliminary stage. Hence, application for grant of anticipatory bail is rejected. Judge. Hsj