IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 169 OF 2009 CRIMINAL APPLICATION NO. 169 OF 2009 CRIMINAL APPLICATION NO. 169 OF 2009 Dr.Vijayasigha Vasantrao Pawar ...Applicant vs. Smt.Vijaya Jaysinng Pawar & Anr. ...Respondents Mr.D.W. Bhosale for the Applicant. Mr.D.P. Adsule, APP for the State. Mr.V.V. Purwant for the Original Complainant. with CRIMINAL APPLICATION NO. 4452 OF 2008 CRIMINAL APPLICATION NO. 4452 OF 2008 CRIMINAL APPLICATION NO. 4452 OF 2008 Shri Shivaji Namdev Darekar ...Applicant (Orig.Accused No.2) vs. Smt.Vijaya Jaysing Pawar & Anr. ...Respondents Mr.K.Y. Mandlik for the Applicant. Mr.S.R. Shinde, APP for the State. Mr.V.V. Purwant for the Original Complainant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 10, 2009 DATED : FEBRUARY 10, 2009 DATED : FEBRUARY 10, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and Counsel for the respondent. - 2 - 2. The applicants have filed the applications for anticipatory bail. A complaint has been filed against the present applicants in which it is alleged that her father-in-law had purchased a bond of Rs.5000/- of Krishna Khore Corporation in the name of grandson Suyog who was minor at that time. The said bond matured on 30th June, 2006 and amount of Rs.25,000/- was paid to the minor. It is alleged that accused no.1 had opened the joint account with minor Suyog in Rukmini Sahakari Bank Ltd. and the said amount was not paid to the minor who had become major by that time. The learned Magistrate was pleased to direct the State police to submit a report under Section 156(3) of the Cr.P.C. The applicants have an apprehension that they are likely to be arrested in the said offence. 3. It is submitted that the applicants never intended to misappropriate the said bond of Rs.25,000/- and a cheque had been issued in favour of the minor for an amount of Rs.25,000/-. The applicant pursuant to the direction given by this court in Criminal Application No.169/2009 has deposited an amount of Rs.25,000/- in - 3 - this Court. 4. In my view, prima facie case is made out by the applicants for grant of bail. Though the bail is vehemently opposed by the complainant, in my view, it does appear that the intention to defraud the minor, prima facie, is not established, more particularly, because the applicant has deposited an amount of Rs.25,000/- in this Court. The custodial interrogation of the applicants is not necessary. 4. In view of the arrest of the applicants, therefore, in connection with Criminal Case No.430/2008 filed in the court of Judicial Magistrate, First Class, Pandharpur, for the offences punishable under Sections 420, 467, 471 read with 34 of the IPC, the applicants be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. They shall report to the concerned police station as and when called. The respondent no.1 - original complainant is permitted to withdraw the said amount of Rs.25,000/- deposited by the applicant in this court. - 4 - 5. The Counsel for the applicants, on instructions, submits that they have no objection if the said amount is withdrawn by respondent no.1 6. The applications, accordingly, are disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)