IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.360/2011 ( Anil S/o Shyamrao Shingne and another ..Vs.. The State of Maharashtra, through P.S.O., P.S. Gittikhadan, Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M. Jaltare, Mr. Y.V. Nayyar and Mr. R.B. Chaudhari, Advs. for applicants. Mrs. B.P. Maldhure, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 8.12.2011. 1. On the basis of F.I.R. lodged by one Dwarkaprasad Pande on 27/9/2011 alleging that the fraud, cheating and forgery against the applicants 1 and 2, offence bearing Crime No.314/2011, under sections 420, 468, 471 read with 34 of the Indian Penal Code is registered with the police station Gittikhadan, Nagpur. 2. The disputed document is irrevocable power of attorney alleged to have been executed by the complainant in favour of the applicant no.2. The complainant alleges that he is not the author of signature appearing on the power of attorney allegedly executed on 11/5/2011. Learned counsel for the applicants relied upon the circumstance of applicants notoriously enjoying the property since 2001. He obtained sanction of the Municipal Corporation to construct the house and in the year 2008 the house was constructed. The disputed land and the residence of the complainant is in the same locality. It is, therefore, submitted that lodging the F.I.R. for the first time on 27/9/2011 points out falsity of the complaint. 3. The perusal of the case diary shows that one of the witness to the alleged deed supported the stand of the applicants. According to him, initially the complainant wanted to sell the plot to him however, he was not in a position to arrange for the entire amount of consideration therefore the transaction with him was cancelled and thereafter the complainant entered into transaction with applicant no.2. 4. Considering the facts and circumstances of the case where there appears possibility of accused being not involved in the alleged offence, the application is allowed. 5. The applicants are directed to be released on bail in the event of their arrest in Crime No.314/2011, under sections 420, 468, 471 read with 34 of the Indian Penal Code on their executing P.R. bond of `20,000/-(` Twenty Thousand Only) each with two solvent sureties each in the like amount with condition that they shall attend the police station Gittikhadan, Nagpur for one week between 10 a.m. to 2 p.m. and as and when called by the Investigating Officer for the purpose of investigation. 6. Hamdast allowed. JUDGE Tambaskar.