1 ABA 371-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.371 OF 2011 Dayashankar S/o. Bindravan Tiwari ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.M.Saraogi, Advocate, for the Applicant Mrs.Geeta P. Mulekar, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH APRIL, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for anticipatory bail by an Advocate, who apprehends arrest in connection with C.R.No. I-117 of 2011 for the offence punishable under Sections 420, 468, & 471 of the Indian Penal Code registered with Virar Police Station and who is alleged to have filled up input forms at the time of submitting the documents of his 2 ABA 371-2011 client for registration before the sub- registrar. In the input form the value of the property was shown less. On that basis lesser stamp duty had been paid and received by the sub-registrar. After the documents were registered, the applicant is alleged to have altered those input forms to show the original value of property in place of the reduced value. The applicant is alleged to have thus caused loss of Rs.10,30,565/- to revenue. The learned Counsel for the applicant states that payment of stamp duty is basically the duty of the parties to the documents. Advocate merely assists in getting the formalities completed. Even so to show his bona fides the applicant would file an Affidavit within a period of three days before this Court stating that he would ensure that the applicant's client concerned pay the deficit stamp duty within a week of demand by the sub-registrar. If the client does not make good deficit stamp duty, he would himself 3 ABA 371-2011 make good deficit stamp duty within a period of seven days thereafter. 3. In view of this, though the learned APP has very strong objection, Anticipatory Bail Application is allowed. The learned APP may instruct concerned authorities to serve demand for deficit stamp duty on the applicant's client as well as the applicant promptly. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.25,000/- with one or more solvent sureties in the aggregate sum of Rs.25,000/- on the following conditions. (i) The applicant shall report at the Virar Police Station for interrogation on 2nd May, 2011 at 11.00 a.m. and thereafter, as and when required by the investigating officer. (ii) The applicant shall file an Affidavit within a period of three days before this Court are undertaking to ensure that his clients who are alleged to have paid deficit stamp duty make good the deficit within a period seven days of receipt of demand notice from concerned registrar. If the applicant fails to make good deficit stamp duty within seven days, the applicant would make good the deficit of stamp duty within seven days thereafter. 4 ABA 371-2011 (iii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv)The applicant shall not leave India without the previous permission of the Court. 4. Anticipatory Bail Application is disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)