1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 466 OF 2011 (Shivram Jaykrushna Akolkar .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.L. Khapre, Advocate for the applicant. Shri N.R. Rode, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 30TH AUGUST, 2011. Heard. By the present application, the application is seeking his release on bail in Crime No. 38/2011 registered on 11.07.2011 by the Police Station, Shirjgaon Kasba, Tq. Chandur Bazar, District Amravati under Section 420 of the Indian Penal Code. The report dated 11.07.2011 came to be lodged against the applicant on the allegation that the applicant distributed pamphlets in the area of Karajgaon Mayadapura inviting the residents on the assurance that the loan would be available to the tune of rupees one lac to rupees one crore for the purposes of agriculture, housing and business. On the assurances given in the pamphlets, the residents of the locality visited the applicant. The applicant assured them that the loan to the tune of rupees one lac to rupees one crore would be made available to them for their needs. He further stated that for obtaining loan, they will have to pay Rs.3,100/- each. Nearly, 24 persons from the locality deposited the amount to the tune of Rs.77,500/- approximately with the applicant for loan. The applicant again asked the to prepare Demand Draft of certain amount for further compliances. Accordingly, the Demand Drafts were prepared and handed over to the applicants. The applicant again asked for Rs.1,150/- per person for processing the papers. The sum and substance of the report is that those residents on assurance given by the applicant deposited a huge sum with a hope that they would receive loan for their needs. In 2 spite of repeated requests and after lapse of nearly one and half months, it was revealed that the applicant on giving false assurances has caused loss to a huge amount of nearly Rs. 5,08,368/- to the residents of the locality. The applicant has approached on two occasions for enlargement him on bail and on both the occasions i.e. on 25.07.2011 and 04.08.2011, the Court below i.e. the learned JMFC rejected both the applications. In response to the notice, reply is also filed by the State. The learned APP submits that the applicant is involved in a serious offence whereby the innocent residents of the locality on false assurance subjected to heavy losses. Learned APP strongly opposes the application. After arguing the matter for some time, the learned Counsel for the applicant submits that he will restrict his prayer for temporary bail in view of the fact that the wife of the applicant is carrying and expecting child. He further submits that as per his instructions, it is informed to him that the wife of the applicant is expecting child in the first week of September, 2011. He further submits that the applicant is the only person to support his family and there is nobody else to look after his family affairs. The learned Counsel submits that in view of the medical certificates placed on record and in view of the fact that the wife of the applicant is expecting child, the application can be considered for temporary bail. As the learned Counsel for the applicant has restricted his prayer for temporary bail, it will not be necessary to go into the merits of the matter. The documents already placed on record. It is also not in dispute that the investigation is nearly at a concluding stage. In view of the aforesaid facts, the applicant has made out a case for releasing him on bail for a temporary period. In the result, the application is partly allowed. The applicant be released on temporary bail for the period from 03rd September, 2011 to 17th September, 2011 on the following conditions. 3 (i) The applicant to cooperate with the investigating agency and attend the Police Station, Shirajgaon Kasba on 4th September, 2011 and 11th September, 2011 between 09:00 a.m. and 12:00 noon. Apart from these dates, he shall not enter the village Karajgaon. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Shirajgaon Kasba, he shall inform the Police Station about his visit to other place. Needless to mention that the applicant has to surrender as soon as the period of temporary bail i.e. 03rd to 17th September, 2011 gets over. The application stands disposed of accordingly. JUDGE *rrg.