( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3757 OF 2010 1. Prakash s/o Namdeo Sawant 2. Gajanan s/o Namdeo Sawant Both r/o Alankapuri Society, Savedi, Taluka and District Ahmednagar. APPLICANTS VERSUS The State of Maharashtra, through Incharge Officer, Kotwali Police Station, Ahmednagar. RESPONDENT .... Mr. P.R. Katneshwarkar, advocate for the applicants. Mr. N.H. Borade, APP for the respondent/State, assisted by Mr. D.R. Markad, advocate. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th October, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. Heard learned advocate and learned A.P.P. ( 2 ) 3. The F.I.R. purports to show that victim - Bhagwan Pawal is old aged person. He desired to alienate his house property in favour of Dr. Tarte for Rs. 76,40,000/-. He alleged that the applicants and their brother by name Deepak Sawant approached him on 24th February, 2010 and took his thumb impressions on four (4) blank bond papers for preparing affidavits to facilitate completion of the transaction. He alleges that on 1st June, 2010, Dr. Tarte gave demand draft of Rs. 36 lacs to him and also gave Rs. 40,40,000/- in cash. In the evening, he returned home with the cash bag. The cash-bag was placed on a cot in the front hall. Brother of the applicant i.e. Deepak picked up the cash bag and started going away. The victim asked him as to what he was doing and he should not take away the amount. Said Deepak told the applicants to immediately go away from the place. Thereafter, they fled away on a two-wheeler. 4. It appears prima facie that Deepak Sawant filed a suit (Spl.C.S. No. 207/2010) against the informant - Bhagwan Pawal and others for specific performance of the agreement of sale dated 25th February, 2010 or refund of the amount. It appears that though the alleged incident took place on 1st June, 2010, the F.I.R. is lodged on 1st September, 2010. The ( 3 ) delay of three (3) months cannot be regarded as negligible. What appears from the record that after filing of the suit by Deepak Sawant and after ad-interim injunction, issued by the civil Court, the F.I.R. came to be lodged. Said Deepak Sawant is arrested. 5. Even assuming that all the averments in the F.I.R. bear ring of truth, then also there does not appear any particular role attributed to the applicants. The only allegation is against their brother - Deepak Sawant who had picked up the cash-bag and had asked the applicants to go away early. The applicants did not take away the cash-bag nor were directly concerned with the transaction. Hence, their arrest may not be required for the purpose of effective investigation. 6. In view of the foregoing reasons, the application is allowed. The applicants are directed to be released on bail, in the event of their arrest, on furnishing bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) each, with a surety bond, before the Arresting Officer and on condition that they shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m., for four (4) consecutive Sundays ( 4 ) henceforth, or till filing of the chargesheet, whichever is earlier, for the purpose of facing interrogation in connection with the investigation of the crime. [V.R. KINGAONKAR] JUDGE NPJ/criapln3757-10