IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1974/2009 [Prabhakar Dashrath Lawakar & others vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 1 st JULY, 2009 Heard Shri Narwade, Advocate, for the applicants and Shri Mandpe, APP, for Respondent State. Interim order was passed by this Court on 15 th May, 2009. The applicants were the owners of the property which was agreed to be sold to the complainant. According to the complainant, though the property was not mortgaged, the applicants had entered into contract of sale. Admittedly, the same is not complete. According to the applicant, after clearance of loan, the property was to be sold. In these circumstances, ex facie, the case is of civil nature, so also with absence of element of cheating. In the circumstances, interim order needs to be confirmed. The same is confirmed as follows. In the event of arrest of the applicants for the offences under Section 420, 468 r/w 34 of the I.P.C in Crime No. 80/2009, they shall be released on bail on furnishing P.R.Bond in the sum of Rs.5,000/- each and surety in the like amount subject to conditions that the applicant shall attend the Police Station Buldhana, as and when directed by the I.O for the purpose of investigation and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in prima facie view of the matter and therefore, they shall not influence the learned trial Judge while deciding anything on merits. Application disposed of. JUDGE Rvjalit