1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 204 OF 2011 ( Vinod Manikrao Guldevkar & Ano. Vs. State of Maharashtra PSO PS Ner Distt. Yavatmal) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. R. Shende Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JUNE, 2011. . This is an application for releasing the applicants 1 and 2 on anticipatory bail against whom offence vide Crime No. 53 of 2011 was registered by Ner police station district Yavatmal under Section 420 read with Section 34 of Indian Penal Code. The complainant by name Ramesh Gulabrao Rathod resident of Ajanti district Yavatmal had lodged report on 11.04.2011 alleging that firstly he was cheated by the persons known to him. He was offered 1 Kg. Gold at the cost of Rs. 3,00,000/- (Rupees Three Lac). He had agreed to buy the same. After the transaction was settled the gold was delivered. The complainant wanted to test the purity of the gold. For that they 2 were proceeding towards Ner. On way to Ner one Tata Sumo intercepted them. They personated themselves as Police Officers and robbed the complainant of the bag containing gold. Learned APP submitted the reply. According to him those persons who intercepted the complainant are none other than the present applicants. Investigation is in progress. Considering the nature of the offence and the involvement of the present applicants anticipatory bail cannot be granted, he urged. The perusal of the F. I. R. and the reply filed by the learned APP reveal that custodial interrogation of the present applicant is must. The offence is of serious nature. In this view of the matter learned Additional Sessions Judge Yavatmal, by his order dated 10.05.2011 has rightly rejected the application under Section 438 of Criminal Procedure Code. Application is rejected. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.