1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.58 of 2007 Syed Shahed s/o. Syed Vilayat Hussain Kadri Applicant Vs. State of Maharashtra & ors. Respondents Mr.Ziaul Mustufa with Mr.M.H.Banderkar for applicant. Mr.U.V.Nikam, APP for State. CORAM: B.H.MARLAPALLE,J. January 15, 2007. P.C. . C.R.No.451 of 2006 has been registered with Sahakar Nagar Police Station at Pune by one Gunderao Rakhmaji Dhumal for the offence punishable under Section 420 read with Section 34 of IPC. The complainant alleged that an amount of Rs.7 lakhs was paid by him to Shri Sambhaji Narke and his son Sunil Narke by way of consideration to get his daughter admitted in Bharati Vidyapeeth Dental College and the said admission did not materialise. An amount of Rs.1 lakh was returned but the balance amount of Rs.6 lakhs was not returned. As per the complainant the Narkes went on stating that the balance amount of Rs.6 lakhs was paid Amit Kadam, Bittu Pathak, Ayaz 2 Kadri and Shahad Kadri. The present applicant is Syed Shahed Kadri and not Ayaz Kadri. It is also not disputed that Shri Bittu Pathak has been released on anticipatory bail. The applicant states that even Shri Amit Kadam has been released on anticipatory bail and this is disputed by the learned APP on the instructions he has obtained from the concerned I.O. who is present before the Court. . Be that as it may, the fact remains that the main complaint is against the Narkes i.e. Sambhaji and Sunil Narke for not returning the amount of Rs.6 lakhs. Having released Mr.Bittu Pathak on anticipatory bail, there is not reason for the I.O. to subject the applicant for custodial interrogation. Though the applicant is a resident of Aurangabad, he undertakes to remain present before the Investigating Officer at Pune twice in a week and will co-operate in the investigation process. . The application is, therefore, allowed and it is directed that in the event of the applicant’s arrest in connection with C.R. No.451/2006 registered with the Sahakar Nagar Police Station, Pune, he shall be released on furnishing a PR bond in 3 the sum of Rs.5,000/- with one solvent surety for the like amount and on the condition that he will visit the said Police Station every Sunday between 1 to 3 p.m. for a period of four weeks from today. (B.H