1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 179 of 2008 Ashok Gajanan Pawar .. Applicant versus State of Maharashtra .. Respondent ... Mr.K.S. Patil for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 6th February 2008 P.C.: 1. Heard. 2. By this application under section 438 of the Code of Criminal Procedure, the applicant seeks pre-arrest bail in connection with offence registered with Sangli City police station under C.R. No.4 of 2008 punishable u/s.406, 420 r/w sec.34 of the IPC. In the FIR dated 7th January 2008, the informant has alleged that he was a member of Vinayak and Aakash 2 bhishi mandals. One Rama Bhau Shinde is the President and Maruti Tardale is the vice president of the said two bhishi mandals. Both the bhishi mandals are run from the house of the Vice President Maruti Tardale. Though the informant had regularly deposited Rs.500/- and Rs.200/- per week in the said two bhishis and after the stipulated period of 50 weeks was over, he was not repaid the amount invested with the benefit, and thereby he was deceived. The allegation agaisnt the present applicant is that he was shown as a patron of the said bhishi mandals. There is no allegation that the money was ever paid to the applicant or that the applicant was conducting the bhishi. The applicant in his bail application has specifically stated that he had no connection with the said two bhishis and he had never given his consent for using of his name as a patron. The statement of witnesses were recorded. Though some of the witnesses have stated that the applicant was shown as a patron, there is no material on record to show that the applicant had ever consented for his use of his money. He was not a conductor of the bhishis nor had ever any money. 3. In my prima facie view no case is made out regarding the complicity of the applicant in the crime. No ground is made out for his arrest for the 3 purpose of custodial interrogation. No affidavit in reply has been filed by the prosecution. 4. In the circumstances, in my view, the applicant is entitled to pre-arrest bail. O R D E R O R D E R O R D E R . In the event of arrest of the applicant he shall be released on bail on personal bond of Rs.30,000/- with two sureties of the like amount subject to the condition that the applicants shall not make any inducement nor give threats to any of the prosecution witnesses and shall not tamper with the prosecution evidence. . This order shall come to an end after charge-sheet is filed whereupon the applicant if he so desires, may apply to the appropriate court for regular bail. If such an application is made it shall be considered by the court on its own merits without being in any way influenced by any of the observations made in this application which are only prima facie. (D.G. KARNIK, J)