1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5463 of 2009 Mohan Motilal Jaiswal ... Applicant versus The State of Maharashtra ... Respondent ... Mr. Amol Deshpande for the applicant. Mrs.M.R. Tidke APP for the State. CORAM : D.G. KARNIK, J. DATED : 18th January 2010 P.C. 1. The applicant seeks bail in connection with C.R.No.460 of 2009 registered with Bundgarden police station, Pune. The offence is alleged to be punishable u/s.420, 406 r/w section 34 of the IPC. The applicant agreed to purchase a flat from M/s.Danish Builders and borrowed money from the State Bank of India (complainant) for purchase of the flat. When the Bank went to the flat for inspection, it discovered that the flat was sold to the builder by a third person and therefore, Bank has filed an FIR. 2. According to the applicant, he has deceived by the builder. The flat has been sold by the builder to a third person though he had agreed 2 to purchase it and in fact applicant is a victim of the fraud committed by the builder and not a party to the fraud. 3. On being asked, learned APP was unable to point out any material to show that the applicant had acted in collusion with the builder and the builder and applicant together sold the flat to any third person. In the circumstances, applicant deserves to be granted pre- arrest bail. Hence, I pass the following order:- O R D E R In the event the applicant is arrested in C.R.No.460 of 2009, he shall be released on bail on P.R. Bond of Rs.15,000/- together with two sureties of the like amount subject to the condition that the applicant shall co-operate with the investigation and shall attend the concerned police station initially on 30th and 31st January 2010 between 5.00 p.m. and 7.00 p.m and thereafter on such date as he may be specifically summoned for investigation. This order shall remain in force for a period of 12 weeks wherafter the applicant shall be entitled to apply for bail before the appropriate court. (D.G. KARNIK,J.)