MP 1 BA1917_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1917 OF 2011 Chandrakant Shivram Harad ... Applicant Versus The State of Maharashtra ... Respondent Mr. A. R. Pitale, Advocate for the Applicant. Mr. Y.S.Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 23RD DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.52 of 2011 registered with Kinhavali Police Station, District Thane for the offences punishable under Sections 420 of the Indian Penal Code. 2. Prosecution case, in brief, is that first informant Pradnya Pramod Bapat was interested in purchase of the agricultural land at Kharivli Pada, Taluka Shahapur. She came to know that the applicant was interested in selling his property adjoining Kinhavali-Sogaon road. When she approached the applicant, he showed 7 X 12 extracts of his land survey No.28 admeasuring 12 gunthas and Survey No.38 admeasuring 44.3 gunthas. After some discussion, the first informant agreed to purchase the said land for Rs.8,55,000/-. The said amount was paid as earnest money. The applicant got the land admeasured from a private surveyor and not through the Government Survey Office. Thereafter on 07.02.2010, sale deed of the land was executed and the applicant also gave possession of the land to the first informant. Later on, when the first informant went to the spot to put fencing, she came to know that the said land was actually belonging to one Nathaji Bapu Harad and the correct survey number of that land was 122. It was also revealed that the land Survey Nos.28 MP 2 BA1917_11 and 38 belonging to the applicant were not adjoining Kinhavali-Sogaon road road but far away. According to her she was cheated. 3. The learned Counsel for the applicant shows a copy of the map of village Kharivli which reveals that land survey Nos.28 and 38 were actually adjoining Kinhavali-Sogaon road. However, the learned APP states that the said map is old one and that road is no more in existence. The learned APP also makes a statement that the Investigating Officer has applied for a certified copy of the village map but it is not yet supplied by the survey office. 4. The learned Counsel for the applicant, on instructions from the son of the applicant who is present before the Court, states that the applicant is willing to repay whole of the consideration amount with interest @ 10% p.a. to the first informant within three months from this date with condition that the first informant should execute deed of re-conveyance of the land survey Nos.28 and 38 in favour of the applicant. Taking into consideration the facts and circumstances, in my opinion, custody of the present applicant is not necessary for further investigation of the case. 5. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence and he shall repay the amount as per the above statement to the complainant subject to her executing re-conveyance deed of the land in favour of the applicant. (J. H. BHATIA, J)