BA-781-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.781 OF 2011 Bharat Balkrishna Patil ... Applicant V/s. The State of Maharashtra, Thru' Nalasopara Police Station ... Respondent Mr. M.P. Mishra, i/b. M.P. Mishra & Co., for the Applicant. Mr. K.V. Saste, APP, for the Respondent. The Investigating Officer is present in person. CORAM:- A.M. THIPSAY, J. DATED :- 6 TH JULY, 2011. P.C. : 1. Heard Mr. Mishra, the learned Advocate for the Applicant and Mr. Saste, the learned APP for the Respondent. I have also heard the Investigating Officer, who is present in Court. 2. I have gone through the F.I.R and the Police papers. 3. The F.I.R. has been lodged on 4th January, 2011 by one Anthony Mathew Rosario alias Raut, in which he states that the land owned by him and his cousins was falsely shown as transferred to one Devendra Churi and one Smt. Juana Rodriguez, and that the sale transaction was effected by the Applicant purporting to be a duly constituted attorney of the Applicant and his cousins, who are the real owners of the property. BA-781-11.sxw 2 Dixit 4. Apparently, the power of attorney in question is forged. 5. Mr. Mishra, the learned Advocate for the Applicant, submits that, even as per the F.I.R., the First Informant came to know about the said fraudulent transaction in the year 2004. He further submits that why the First Informant in that case waited for a period of about seven years for lodging a report with the police has not been explained. 6. Though a prima facie case appears against the Applicant, the fact remains that he is in custody since 19th April, 2011, and has been sufficiently interrogated. In the course of investigation, even the specimen writings of the First Informant and his cousins have been collected. 7. In my opinion, for further investigation, detention of the Applicant in custody is not essential. The Applicant can be released on bail on imposition of appropriate conditions. 8. The Bail Application is allowed. 9. The Applicant is ordered to be released on bail in the sum of Rs.2,00,000/-, with one surety in like amount, on the condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]