1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3303 OF 2009 Ramesh S/o Murlidhar Chothave and another Versus State of Maharashtra and another *** Mr. H. V. Patil, Advocate for the Applicants. Mrs. B. R.Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 25th SEPTEMBER, 2009. 1. Heard learned counsel for the applicant. Notice, waived by learned A.P.P. Learned A.P.P. is ready with record and reply. Discretion in terms of section 438 Cr.P.C. in Crime No.20 of 2009 registered with Bhoom Police Station, Osmanabad for an offence under section 465, 466, 467, 471 read with 34 of IPC. is sought. 2. The applicant No.1 Ramesh was indeed not a Sarpanch or any authority at the material time, when the alleged transfer has taken place. Apparently, he 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. has not gained anything out of such illegal transfer. Consequently, custodial interrogation of Accused No. 1 Ramesh is not desired. 3. So far as Applicant No.2 Rajendra is concerned, the plot belonging to the complainant was surreptitiously mutated and transferred in the name of said Rajendra. He has to explain its legality and the supporting document it will only be answerable by requiring him to fetter/ custody. Consequently, his application is rejected. ORDER 4. In the event of arrest of Accused/ applicant No. 1 Ramesh Murlidhar Chothave, he be released on his furnishing P.R.Bond and surety in the sum of Rs. 10,000/- [Rupees ten thousand only], till charge sheet. 5. The accused/ applicant shall attend the investigator on every Sunday between 10.00 a.m. to 05.00 p.m. till filing charge sheet. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 6. Application of applicant No.2 Rajendra dismissed. [K. U. CHANDIWAL, J.] Dated:25/09/2009. ans/3303