{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3967 OF 2009 Shankarrao s/o Vishwanath Madan APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.A.S.Usmanpurkar, Advocate for applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th December 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.2231/2009 registered with Jalna Taluka Police Station for an offence punishable u/s 406 & 506 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the {2} compliant of one Satyabhan. It is alleged that the daughter of the complainant was murdered by his son in law, as he is addicted to alcohol. It is also alleged that son in law of the complainant has already sold part of his agricultural land. The complainant, with an intention to save the land to be sold by his son in law, as his grand children are staying with him and to protect their interest, approached the applicant to help him in transferring the said land in their names. It is alleged that the applicant demanded certain amount for the said work and also assured that he will see that the son in law of the complainant will be convicted in the murder case. It is also alleged that inspite of giving an amount of 1,90,000/- neither the said land is transferred nor the amount is returned by the applicant and hence he lodged the complaint. 4. According to learned counsel for applicant, before this complaint came to be lodged, the applicant had already submitted an application to the Superintendent of Police stating that though he had assured to help the complainant in the said work, however when he realized the fact of preparation of false documents by the complainant, he shown his inability to help him in the matter. It is also alleged by the applicant that the complainant and his son have threated him that he will be falsely implicated in some offence relating to their property. It is urged that the documents, which are created, are false and the applicant is falsely implicated in the said offence. It is contended that no amount is paid to him to do any work. {3} 5. By relying on the statements of witnesses, recorded during the course of investigation, it is urged by learned APP that the complainant has paid the amount to the applicant in presence of the said witnesses, which indicate that money transaction has taken place between the applicant and the complainant. My attention is also drawn towards the application moved by the applicant to the Superintendent of Police wherein there is reference that the applicant assisted / helped the complainant in respect of their dispute before the revenue authorities. In the premise, according to learned APP, the allegations in the compliant in respect of payment of amount in the sum of Rs.1,90,000/- to perform certain work, cannot be ruled out. 6. Considering the rival submissions, it is clear that apart from the allegations in respect of assistance of applicant taken by the complainant in respect of transfer, it has also reflected from the application moved by the applicant before the SP that he has helped the complainant. Only the question for consideration is as to whether for this assistance the applicant has charged any amount and whether the complainant has paid the same to him. At this stage, the statements of witnesses, in whose presence this amount was delivered to the applicant, cannot be discarded easily. In the premise, considering the statements of witnesses, it cannot be said that no case is made out against the applicant. {4} 7. In the result, the application, which is sans merits, stands rejected. 8. After dictation of the order is over, learned counsel for applicant seeks to withdraw the present application. Once the order is dictated, the request cannot be granted. [A.V.POTDAR, J.] drp/criapln3967-09