(1) CR.APP. 2106.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2106 OF 2009 Vishnu Ramchandra Bhagwat, Age : 35 years, Occu.: Insurance, R/o 55/56, Opposite Janki Hotel, Garkheda Area, Aurangabad .. Applicant Versus 1] The State of Maharashtra through P.S. Mondha, Parbhani In Crime no. 111/2009) (Copy to be served on the Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) 2] The DSP, Dhule .. Respondents Mr. R.N. Dhorde, Advocate h/f. Mr. V.R. Dhorde, Advocate for the Applicant Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 9TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in R.C.C. no. 55 of 2009 pending before the Judicial Magistrate First Class, Sakri, Dist. Dhule. (2) CR.APP. 2106.2009 2] The complainant alleged that the applicant promised him that he would gift him a car if he could bring business worth Rs.50 Lakh. The complainant brought such business to the applicant and the applicant in furtherance of the promise handed him over a car. The complainant however, learnt that the applicant had deceived him because the car still stood in the name of the applicant and the applicant had no intention to really gift the car to him. Ultimately, the applicant took away the car from the complainant. The question is whether this would, prima facie, amount to offence under section 420 of the Indian Penal Code. 3] No doubt the applicant initially practiced deception on the complainant when he handed over the car to him. He knew that he was not gifting the car to the complainant. He also had no intention to do so because he himself has purchased the car on hire- purchase basis and there was no possibility of transfer of the car in the name of the complainant. But apparently despite the deception, the applicant did not induce the complainant to deliver any property etc. and therefore, the ingredients of section 415 are not seen in the transaction. The applicant deserves bail also because in such a case there is no scope of custodial interrogation. (3) CR.APP. 2106.2009 4] In the event of the applicant’s arrest in this case, he shall be released on bail of Rs.5,000/- (Rs.Five Thousand) with one surety in the like amount. The observations made in this order, shall not influence the trial Court while deciding the case. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/9july9/cr2106.09