1 crap3722.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3722 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri N.C.Garud, advocate for the applicant Shri B.V.Wagh, A.P.P. for respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28th September, 2011. PER COURT :- 1 Perused the investigation papers which were made available for inspection purpose and heard respective learned counsel for the parties finally. 2 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest under C.R. No. I-131 of 2011, registered at Tophkhana police station, District Ahmednagar, for the offences punishable under Sections 420, 406, 2 crap3722.11 468,471 r/w 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely Sunil Tulshiram Adsul on 7.4.2011. However, apparently, the name of the applicant has not been reflected in the contents of the said complaint, but the name of the applicant has been surfaced in the supplementary statement of the complainant recorded after about four days i.e. on 11.4.2011, alleging that the applicant herein accepted the consideration amount along with his son, namely Pritam Navneet Firodiya and there is nothing against the applicant beyond the said allegation. 4 Moreover, the applicant herein is not party to the general power of attorney allegedly executed by Ashok Tukaram Gore in favour of Pritam Navneet Firodiya i.e. son of the applicant. Moreover, the applicant is also not party to the sale deed, dated 3 crap3722.11 29.11.2007 executed in favour of the complainant and his wife. Besides, it is submitted that the witnesses to the said sale deed have been granted anticipatory bail by the learned Sessions Court, as well as co-accused Pritam Navneet Firodiya also has been granted regular bail by the learned Sessions Court. 4 In the circumstances, considering the accusations made against the applicant and nature and gravity thereof, it is apparent that there is no necessity of custodial interrogation of the applicant for further progress of investigation, and therefore, the interim anticipatory bail granted to the applicant by order, dated 30.8.2011 deserves to be made absolute. 5 In the result, present application is allowed and the interim anticipatory bail granted to the applicant by order, dated 30.8.2011 stands confirmed, on the following conditions :- 4 crap3722.11 (i) The applicant shall give attendance before the concerned investigator once in a week i.e. on every Tuesday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 6 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 7 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3722.11