1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No.190/2011 ( Ravi @ Ravindra S/o Ganpatrao Mehar ..Vs.. State of Maharashtra, through P.S.O., Samudrapur, Tah. Samudrapur, Distt. Wardha ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.P. Vaidya, Adv. for applicant. Mr. S.M. Bhagde, A.P.P. for respondent. CORAM : M.N. GILANI J. DATE : 7.6.2 011 . This is an application under section 438 of the Criminal Procedure Code for releasing the applicant – accused on bail in the event of his arrest in Crime No.36/2011, registered with police station Samudrapur, Distt. Wardha under section 420 read with section 34 of the Indian Penal Code. On the basis of the report lodged by Muktabai Moreshwar Choudhari the aforesaid offence came to be registered. It is alleged that Muktabai was in need of some amount for treatment of her eye. She is the owner of the land bearing Survey No.11, area 1.08 H.R. in village Mouja Gawa, Taluka Samudrapur and Distt. Wardha. The accused, 2 who is known to her, agreed to give her the amount on the condition that she would mortgage her field with him. The complainant was carried to the Tahsil office and her thumb impressions were obtained. She did not get any amount. On 4/4/2011 the F.I.R. came to be lodged. The applicant – accused has put forth very categorical case that for a consideration of Rs.1,75,000/- transaction was settled. Out of which, Rs.1,00,000/- was paid by cheque No.095167, dated 4/1/2011, drawn on Nagpur Sahakari Bank, Branch Kalmana, Nagpur and balance amount of Rs.75,000/- was paid in cash before the Sub-Registrar, Samudrapur, Distt. Wardha. It is also stated that before purchasing the property the applicant – accused issued public notice in the news paper on 24/12/2010. It is, therefore, submitted that the transaction in question is genuine and without involving the element of cheating. The copy of the public notice published in Dainik Bhaskar is produced by the learned counsel for the applicant – accused. In the light of the facts and circumstances of the case and in view of the specific case put forth by the applicant – accused, this is a fit case for exercising the 3 discretion of issuing direction to release the applicant – accused on bail in the event of his arrest in crime No. 36/2011, registered with police station Samudrapur. The application is allowed. In the event of arrest of the applicant – accused under section 420 read with section 34 of the Indian Penal Code, the applicant – accused shall be released on executing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) and one surety in the like amount with condition that the applicant – accused shall attend the police station Samudrapur twice in a weak till the investigation is completed. JUDGE Tambaskar.