1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.383/2011 ( Pankaj S/o Maninath Nagdevte ..Vs.. The State of Maharashtra, through P.S.O. Mul, Distt. Chandrapur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Arun Mahakale, Adv. for applicant. Mr. M.J. Khan, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 7.12.2011. 1. The applicant is seeking anticipatory bail in the event of his arrest in Crime No.7/2011 registered with the police station Mul, Distt. Chandrapur for the offence punishable under sections 420, 468, 471, 464 read with 34 of the Indian Penal Code. 2. The dispute is regarding land having area 1 Hectare of Survey No.113/5 at Mouja Khutala, Tahsil and District Chandrapur. It was owned by Vaishali Cooperative Housing Society. The Chairman of the said Society executed power of attorney on 18/7/2009 in favour of one Dharmveer Narayan Motghare and in turn the said Dharmveer executed power of attorney in favour of Prafull Deogade on 31/8/2009. Thereafter 2 on 25/9/2009 said Prafull Deogade executed sale deeds in favour of different persons. 3. On 19/01/2011 the Chief Promoter of said Society Moreshwar Sao lodged F.I.R. alleging that he had never executed any power of attorney in favour of Dharmveer Motghare and his signature appearing on the alleged power of attorney is fake. On that basis, the offence came to be registered and the investigation proceeded. 4. As regards the present applicant, there is no evidence in the nature of his signature on any of the documents prepared from time to time. There is only the statement of the accused Dharmveer Motghare which involves him. Considering his photographs, signatures which he has put in English on the document, his claim that he works as a Labour and just for consideration of Rs.500/- to 600/- he went to the office of Sub-Registrar prima facie appear questionable. As per the record, he had visited the office of Sub-Registrar twice once when power of attorney was executed in his favour and thereafter at the time of execution of sale deed in favour of Prafull Deogade. He didn’t speak anything about the second transaction. Considering the state of evidence, the application is 3 allowed. 5. In the event of arrest of the applicant in Crime No.7/2011 registered with the police station Mul, Distt. Chandrapur for the offence punishable under sections 420, 468, 471, 464 read with 34 of the Indian Penal Code he is directed to be released on bail on his furnishing P.R. bond of `50,000/- (` Fifty Thousand Only) with two solvent sureties in the like amount with a condition that he shall attend the police station for a period of one week starting from 9th to 15th of December 2011 in between 10 a.m. to 2 p.m. and as and when required by the Investigating Officer for the investigation purpose. 6. Hamdast allowed. JUDGE Tambaskar.