1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 365 of 2008 Ajit Dattatray Kale .. Applicant versus State of Maharashtra .. Respondent ... Mr.S.B. Shelar for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 26th March 2008 P.C.: 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connecton with C.R.No.6 of 2008 of Ghodegaon police station, Pune for the alleged offence punishable u/s.406, 409, 426, 468, 470, 471 r/w sec.34 of the Indian Penal Code. 3. The applicant was a member of the managing committee (director) of Ghodegaon Nagari Path Sanstha Maryadit (for short "the society"). The society 2 purchased landed propety from Dr. Purushottam Dattatraya Kale (who is not a relative of the applicant but only having a common family name) for Rs.24,25,000/- by a sale deed dated 13th February 2006. It is alleged that the property was purchased at an inflated price and an offence has been registered against the vendor as well as all members of the managing committee. Learned counsel for the applicant submitted that the price was not inflated and invited my attention to details of an auction sale of a nearby property, just half in size, which was sold for Rs.14,000/-. He therefore submitted that the purchase in question was not at an inflated price. 4. Original vendor, who is also co-accused had also applied for bail. He also contended that the sale was not at an inflated price and expressed his willingness to deposit Rs.25,00,000/- in the court to show his bonafides. Accordingly, he has deposited a sum of Rs.25,00,000/- and has been granted pre-arrest bail by this court. 5. Taking into consideration the facts and circumstances of the case, in my view, presence of the applicant is not needed for custodial interrogation. He can be put to terms to attend the 3 police station for interrogation whenever required. Hence I pass the following order:- O R D E R . In the event the applicant is arrested in connection with the aforesaid crime, he shall be released on bail on personal bond of Rs.20,000/- with two sureties of like amount subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall make himself available for custodial interrogation as and when summoned by the police and shall also attend the concerned police station once a week on every Monday initially for a period of eight weeks and once a month between 1st and 5th day of British Calendar Month thereafter till the filing of the charge-sheet. . This order shall come to an end after the charge sheet is filed whereupon the applicant, if he so desires, may apply to the court for regular bail. If such an application is made, the Court shall consider it on its own merits without being in any way influenced by any of the observations made 4 herein. (D.G. KARNIK, J)