1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4749 OF 2009 Satyendra Kailashnath Tiwari ...Applicant vs. The State of Maharashtra ...Respondent Mr.Avinash Rasal i/b. Mr.Dhananjay Dube for the Applicant. Mr.S.A. Shaikh, APP for the State. WITH CRIMINAL APPLICATION NO. 4750 OF 2009 Dr.Santosh Kailashnath Tiwari ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.P. Mundargi, Sr.Counsel i/b. Mr.Dhananjay Dube for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicants and APP 2 for the State. 2 The applicants have been arrested on 25th August, 2009. A complaint has been registered for the offences punishable under Sections 367, 364, 323, 467, 504, 506(II) of the IPC. It is alleged by the complainant that when the two persons of the complainant company visited the Sharda Nursing Home to investigate the claim lodged by one Suresh Dubey with the ICICI Lombard General Insurance Company, they were kidnapped by the applicants and were confined in a room where they were threatened to pass the said claim. The claim is for an amount of Rs.39,000/-. It is the prosecution case that they have received information that there are several other policies where in a similar manner, the investigators appointed by the said insurance company were threatened. 3 The investigation is almost over and the chargesheet is likely to be filed within a couple of 3 weeks. A file containing other claims was recovered at the instance of Dr.Santosh Tiwari. It is alleged that several claims are also bogus claims. Apart from that, there is no other recovery at the instance of present applicants. 4 In my view, taking into consideration the statement of the complainant and the facts and circumstances of the case, prima facie it is difficult to believe that the employees of the complainant company were abducted or kidnapped by the applicants. One of the applicants is a practising doctor. There are no other criminal antecedents. Under these circumstances, therefore, in my view, continued detention of the applicants is no longer necessary since the investigation is almost over. The claim which was lodged by the said Suresh Dubey is only for an amount of Rs.39,000/-. In respect of the so called other bogus claimants, no complaint has been filed so far. Prima facie, therefore, it cannot be said that the applicants had 4 kidnapped them. 5 The applicants, therefore, be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. The applicants shall report to the concerned police station twice in a week till the filing of the chargesheet and thereafter, once in a month. The applicants shall not threaten any of the witnesses. If any complaint is received by the prosecution, liberty is granted to the prosecution to apply for cancellation of bail. 6 The applications are disposed of. (V.M. KANADE, J.)