1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5692 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.V. Gavand for the applicant. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 14TH JANUARY 2010 P.C. : 1. Heard. 2. The applicant seeks pre-arrest bail in connection with C.R. No.22/2008 registered at Roha Police Station, Raigad for an offence punishable under sections 420, 467, 471 and 34 of the I.P.C. 3. The prosecution case in short is that for certain land bearing gat no.617 belonging to 2 Vasudev Kalbere, who died in the year 1999. His widow Smt. Mandakini Vasudev Kalbere went to office of Talathi in 2008 for effecting mutation in her name when she learnt that the land was already transfered by accused no.1 – Nilesh Krushna Tambe claiming to be power of attorney holder of Vasudev Kalbere. The power of attorney executed in 2008 was obviously a forged document as Mahadev Kalbere had died in the year 1999. Accused no.6 is alleged to have personified himself to be Vasudev Kalbere executed the power of attorney. Accused nos.2 to 5, have identified the accused no.1 as Vasudev Kalbere. On the basis of the statement of accused no.6 implicating the present applicant, the applicant is sought to be arrested. 4. The present applicant is neither of the accused nos. 2 to 5. He has not received any monetary benefit. There is no evidence against the applicant other than the statement made by the accused no.6. In the circumstances, the 3 applicant deserves to be granted pre-arrest bail. Hence, I pass the following order: ORDER In the event of the arrest of the applicant in connection with C.R. No.22/2008, he shall be released on bail on executing personal bond of Rs.15,000/- with one surety of the like amount, subject to the condition that the applicant shall cooperate with the investigation and attend the concerned police station as and when specifically summoned. (D.G. KARNIK, J.)