* 1 * Cri.Appln.5371.2010 4.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5371 OF 2010 Uddhav B. Bhamare ....Applicant V/S. State of Maharashtra & Ors. .....Respondents * * * * Mr. Manoj Mohite with Mr. S.G. Rajput, Advocate for the applicant. Mrs. G.P. Mulekar, APP for the State-respondent no.1. Mr. Sandip Ghogare, Advocate for respondent no.3. CORAM :- Smt. R.P. SondurBaldota, J. 4th August, 2011. P.C. :- 1. This application for anticipatory bail is in connection with C.R. No. 19 of 2009 registered with Marine Lines Police Station at the instance of one Sudhir Raut for the offence punishable under Section 420 Indian Penal Code. As per the complaint, the complainant started business in fishing on 9th July, 2004 in the name of M/s. Chinmay Fishing Pvt. Ltd and for that purpose acquired land admeasuring 200 acres nears the seashore from about 60 to 70 agriculturists. For the purpose of business, he had taken loan from Abhyudaya Co-operative Bank Ltd in the sum off Rs.2,70,00,000/-. It * 2 * Cri.Appln.5371.2010 4.8.2011 appears that as the project could not be profitably run by the complainant, he desired to sell the same. In June, 2007 one Yayati Naik, the son of the Minister for Foods had shown interest in purchasing the entire project. When the complainant had been to the house of the Minister for the purpose of meeting his son, the Minister’s P.A i.e. the applicant herein met him and told him that he would get a better buyer for his project. The applicant introduced him to one Khairunissa as the purchaser. It was agreed that Khariunissa shall purchase the entire project for Rs.4 crores and the consideration was to be paid within a period of one month. Khariunissa had promised to repay the loan of Rs.3 crores of Abhyudaya Bank and further pay Rs.1 crore to the complainant. Later, it was represented by the applicant to the complainant, that Khairunissa was required to take loan from another bank for the purpose of completing the transaction. Therefore, he asked the complainant to resign from the post of Director from Chinmay Fishing Private Limited and also hand over possession of the property to Khairunissa to facilitate sanction of loan by the Bank. At the time of the representation, he had given a sum of Rs.15,00,000/- in cash and a cheque in the sum of Rs. 5,20,000/- to the complainant. That cheque when presented for * 3 * Cri.Appln.5371.2010 4.8.2011 payment had been dishonoured. It is thus the complaint of the complainant that the applicant and Khairunissa had cheated him by making representation that Khairunissa will purchase the property from the complainant for the sum of Rs.4 crores and secured the possession of the property without paying the entire consideration. 2. Considering the facts and circumstances of the case, custodial interrogation of the applicant herein is not required. Hence, in the event of the arrest of the applicant in C.R. No. 19 of 2009 registered with Marine Lines Police Station, he be released on bail in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one or two sureties in the like amount. The applicant shall attend Economic Offences Wing (EOW), Unit-III every alternate day for a period of 2 weeks starting from tomorrow between 11.00 a.m. to 2.00 p.m. and thereafter, as and when, required by the police. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J] * 4 * Cri.Appln.5371.2010 4.8.2011