1 ABA-93.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.93 OF 2011 Subratokumar Manoranjan Nayak .... Applicant Vs. State of Maharashtra .... Respondent S/Shri Shirish Gupte, Senior Counsel with Shounak Mehta for the Applicant. Shri J.P. Kharge, APP, for the State. Shri Parvez Ubharay for the Complainant. CORAM: R.C. CHAVAN, J. DATED: FEBRUARY 08, 2011 P.C: 1. This is an application for anticipatory bail by a partner of a firm who had executed a confirmation deed without consulting his partners, whereby he agreed to confirm the sale of a property worth Rs. 3,00,00,000/- by receiving just Rs.50,00,000/-. Out of those Rs.50,00,000/-, Rs.25,00,000/- were received by the applicant and a cheque of Rs.25,00,000/- was made for being paid to the other partner, the first informant, which is not encashed by the first informant. The learned counsel for the applicant pointed out 2 ABA-93.11 that there has been a dispute in respect of the property. A civil suit was filed which was withdrawn subsequently and fresh suit is filed, which is pending. There are some injunctions issued in the suit. He also pointed to the correspondence between the partners where a reference to an arbitrator was also contemplated. He submits that all the same, to show his bona fide the applicant would deposit with the learned Magistrate a sum of Rs. 25,00,000/-, which he is supposed to have received. In view of this, the learned APP, upon instructions from the I.O. present in the Court, states that the applicant's being in custody for the purpose of investigation is not necessary. In view of this, in the event of his arrest the applicant be released on bail in C.R. No.192 of 2010 of Vashi Police Station, Navi Mumbai on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more solvent sureties in the sum aggregating to Rs.25,000/- on the condition that the applicant shall deposit with the Court of Judicial Magistrate, First Class, CBD-Belapur a sum of Rs. 25,00,000/- within a period of two weeks. The applicant shall report at the police station concerned on 14-2-2011 at 11:00 a.m. for interrogation and thereafter as and when 3 ABA-93.11 required by the I.O.. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and he shall not leave the country without the prior permission of the trial Court. 2. This order shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicant may furnish fresh bond before the trial Court in view of the Judgment of the Supreme Court, dated 2-12-2010, delivered in Criminal Appeal No.2271 of 2010, arising out of SLP (Cri.) No. 7615 of 2009 {Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.}. 3. If the amount is deposited, the learned Magistrate shall invest the same in any nationalized bank and shall deal with the same at the end of the trial as per the result of the case. If the amount is not deposited within the period stipulated, this order shall stand revoked automatically without being referred to the Court. 4 ABA-93.11 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)