1 APPLN 4761-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4761 OF 2010 WITH CRIMINAL APPLICATION NO.643 OF 2010 Maqbool Ahmed Ansari ..Applicant V/s. The State of Maharashtra ..Respondent WITH CRIMINAL APPLICATION NO.4764 OF 2010 WITH CRIMINAL APPLICATION NO.644 OF 2010 1. Dr.(Mr.)Anees Ahmed Shafique ..Applicants 2. Mr. Rafik Hanif Khan V/s. The State of Maharashtra ..Respondent Mr.A.P.Mundargi, Senior Counsel with i/b. Mr.Bipin Joshi, for the Applicant in Cri.Appln.No.4761 of 2010 Mr.A.P.Mundargi, Senior Counsel with i/b. Mr.S.M.Mirajkar, for the Applicants in Cri.Appln.No.4764 of 2010 Mr.Chaitanya Malgaonkar h/f. Mr.Rishi Bhuta, for the Intervenor Mr.Y.M.Nakhawa, APP, for the State in both the applications CORAM : R.C.CHAVAN, J. DATE : 9TH FEBRUARY, 2011 2 APPLN 4761-2010 P.C. . This is an application for anticipatory bail by the persons, who apprehend arrest in connection with C.R.No.I-66 of 2010 for the offence punishable under Sections 465, 467, 471, 474, 420, 406 read with Section 34 of the Indian Penal Code registered with Kasa Police Station, Taluka Dahanu, District Thane. 2. The allegation is that there was a Memorandum of Understanding between the petitioners and first informant in respect of three pieces of land bearing Survey Nos.144, 156 and 152. This Memorandum of Understanding dated 17th December, 2007 was cancelled and later on, on 20th December, 2007 an Agreement for sale-cum-development was executed only in respect of Survey No.144. This was notarized by Notary A.R.Maru. It is the allegation of the first informant that the applicants had taken advantage of the first informant's 3 APPLN 4761-2010 signature on blank paper and in fact, the first informant had never appeared before Notary. Notary has been examined by the investigating officer after this application was filed and Notary states that the persons concerned, in fact, had been brought before him. In view of this, it is not clear what purpose would be served by having the applicants in custody for the interrogation. 3. In view of this, in the event of arrest, applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/- per person on the following conditions. (i) The applicants shall report at the Kasa Police Station, Taluka Dahanu, District Thane for interrogation on every Monday between 10:00 a.m. to 1:00 p.m. for the next three months and thereafter, as and when required by the investigating officer. (ii) The applicants 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 them from disclosing such facts to the Court or to any 4 APPLN 4761-2010 police officer. (iii) The applicants shall not leave India without the previous permission of the Court. 4. Criminal Applications are disposed of. 5. In view of disposal of Criminal Application Nos.4761 & 4764 of 2010, Criminal Application Nos.643 & 644 of 2010 do not survive and the same stand disposed of. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). (R.C.CHAVAN, J.)