* 1 * Cri.Appln.5370.2010 20.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5370 OF 2010 Khairunnisa K. Shaikh ....Applicant V/S. State of Maharashtra & Ors. .....Respondents * * * * Mr. Ashok Mundargi, Senior Counsel a/w. Mr. D. Singh Dhankar i/by. Mr. Parag Sharma, Advocate for the applicant. Mrs. G.P. Mulekar, APP for the State-respondent no.1. Mr. Sandip Ghogare, Advocate for respondent no.3. CORAM :- Smt. R.P. SondurBaldota, J. 20th July, 2011. P.C. :- 1. This application for anticipatory bail is in connection with C.R. No. 19 of 2009 registered with Marine Lines Police Station at the instance of one Sudhir Raut for the offence punishable under Section 420 Indian Penal Code. As per the complaint, the complainant started business in fishing on 9th July, 2004 in the name of M/s. Chinmay Fishing Pvt. Ltd and for that purpose acquired land admeasuring 200 acres nears the seashore from about 60 to 70 agriculturists. For the purpose of business, he had taken loan from Abhyudaya Co-operative * 2 * Cri.Appln.5370.2010 20.7.2011 Bank Ltd in the sum off Rs.2,70,00,000/-. It appears that as the project could not be profitably run by the complainant, he desired to sell the same. In June, 2007 one Yayati Naik, the son of the Minister for Foods had shown interest in purchasing the entire project. When the complainant had been to the house of the Minister for the purpose of meeting his son, the Minister’s P.A., one Mr. Uddhave Bhamare met him and told him that he would get a better buyer for his project. Mr. Bhamare, introduced him to the applicant herein as the purchaser. It was agreed that the applicant shall purchase the entire project for Rs.4 crores and the consideration was to be paid within a period of one month. The applicant had promised to repay the loan of Rs.3 crores of Abhyudaya Bank and further pay Rs.1 crore to the complainant. Later, it was represented by Mr. Bhamare to the complainant, that the applicant was required to take loan from another bank for the purpose of completing the transaction. Therefore, he asked the complainant to resign from the post of Director from Chinmay Fishing Private Limited and also hand over possession of the property to her to facilitate sanction of loan by a Bank. At the time of his representation, he had given a sum of Rs.15,00,000/- in cash and a cheque in the sum of Rs. 5,20,000/- to the complainant. That cheque when presented for payment had been dishonoured. It is thus the complaint of the * 3 * Cri.Appln.5370.2010 20.7.2011 complainant that Mr. Bhamare and the applicant herein cheated him by making representation that the applicant will purchase the property from the complainant for the sum of Rs.4 crores and secured the possession of the property without paying the entire consideration. It is not alleged anywhere in the complaint that the representation as alleged was made by the applicant herein. The representation was by Mr. Bhamare. 2. Considering the facts and circumstances of the case, custodial interrogation of the applicant herein is not required. Hence, in the event of the arrest of the applicant in C.R. No. 19 of 2009 registered with Marine Lines Police Station, she be released on bail in the sum of Rs.40,000/- (Rs. Forty Thousand only) with one or two sureties in the like amount. The applicant shall attend Marine Lines Police Station every alternate day for a period of 2 weeks starting from tomorrow between 11.00 a.m. to 2.00 p.m. and thereafter, as and when, required by the police. She shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J] * 4 * Cri.Appln.5370.2010 20.7.2011