1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 250 of 2011 (Ravindra S/o. Ghevarchand Mutha Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Sachin Zoting, Advocate for the applicant. Mr. N.R. Rode, A.P.P. for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 21 st JULY, 2011. Heard both sides. One Ajay Kutarekar, resident of Khamgaon and owner of the property in dispute bearing Kh. No. 59, admeasuring 12 Hectors 14 Ares, lodged F.I.R. about execution of the sale-deed of his property in favour of the applicant Ravindra Ghevarchand Mutha. On that basis, offence came to be registered at Police Station Khamgaon (City). It is the case of the applicant that he is a genuine purchaser. He purchased the property from the person, who impersonated himself as Ajay Kutarekar, the real owner of the property. On enquiry from some neighbours, he learnt that the property belongs to Ajay Kutarekar. On 14/12/2010, he had withdrawn Rs.7,00,000/- from his bank 2 account operated in The Karad Janta Sahakari Bank Limited, Karad. More than six months have been lapsed since the date of purchase. He never tried to sale out it or create any encumbrance on such property. These are the circumstances consistent with his innocence. While rejecting anticipatory bail application, the learned Additional Sessions Judge only considered the fact that the sale-deed in question is a fabricated document. In fact there is no dispute about it. Even, the applicant does not say that it is a genuine document. After coming to know that the person, who posed himself as Ajay Kutarekar, was not the real owner but someone has cheated him. The possibility of the applicant being a victim of such fraudulent transaction is not ruled out. In that light of the matter, the application is allowed. In the event of arrest of the applicant in Crime No. 61/2011, he be released on bail on his furnishing P. R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount with a condition to attend the Police Station Khamgaon, once in a week preferably on Monday in between 10:00 a.m. to 5:00 p.m. till filing of charge-sheet. 3 The applicant is given liberty to move the learned Additional Sessions Judge, Khamgaon, for relaxation of condition, if deem necessary. Hamdast is allowed. JUDGE *sdw