1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4933 OF 2009 1.Pramod Krishna Shelke 2.Sandesh Bhaskar Bhoir ....Applicants Vs. The State of Maharashtra ....Respondent ----- Mr.R.D. Suryawanshi for Applicants Mr.S.A. Shaikh- APP for State ---- CORAM: V.M. KANADE J. DATED: 25TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. The Applicants were arrested in connection with an offence punishable under sections 467, 468, 403, 420 r/w. 34 of the Indian Penal Code on 17.9.2009 vide C.R. No. 242 of 2009 registered with Panvel Police Station. 3. The learned Counsel for the Applicants submits that one Pramod Mhatre lodged a complaint on 14.6.2009 in which he alleged that he wanted to sell his land 1 and his friend Ananta Jadhav informed him that Reliance Company was interested in purchasing the said land and accordingly, the land thereafter was sold to Reliance Company. He received an amount of Rs.18,76,350/- by cheque. The Applicant No.1 filled in the account opening form and after obtaining the signature of the complainant, deposited the said amount in the bank. According to the Complainant, Ananta Jadhav obtained the cheque book from the Complainant and withdrew an amount of Rs.2,00,000/- on 11.9.2008 and Rs.1,00,000/- on 12.9.2008. No reliance, however is made about the balance amount in the Complainant s account. 4. The complaint, therefore, was lodged, alleging criminal breach of trust against the present Applicants and Ananta Jadhav. Quite Surprisingly, the police did not seek police custody of Ananta Jadhav and the present Applicants were remanded to the police custody for a period of six days. The Applicants herein, thereafter, repaid the amount of Rs. 3,00,000/- to the complainant. In a declaration signed by the Complainant in which it is stated that he has no objection if the complaint which is lodged against the present Applicants is withdrawn since he has received the amount of Rs.3,00,000/-. 1 5. Taking into consideration the fact that the complainant has received the said amount of Rs. 3,00,000/- and the main allegation is against the Accused No.1 Ananta Jadhav of forging the signature of the Complainant, the Applicants deserve to be released on bail. 6. The Applicants be released on bail in a sum of Rs.5,000/- each with one or two sureties each in the like amount. They shall report to the concerned police station once in a week. 7. Application is disposed of. (V.M. KANADE J.)