1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3403 OF 2011 Mohd. Allauddin s/o Mohd. Moinuddin, age 47 years, occ. agriculture, r/o Arab Galli, Tq. & Dist. Nanded ...Applicant VERSUS The State of Maharashtra & anr. ...Respondents ..... Shri P.V.Mandlik, Senior Advocate i/by Shri Amol Gandhi, advocate for the applicant Smt. R.K.Ladda, A.P.P. for respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14th September, 2011 PER COURT : 1 Perused the investigation papers which were made available for perusal purpose and heard learned Senior Counsel Shri P.V.Mandlik i/by Shri Amol Gandhi, advocate for the applicant and Smt. R.K.Ladda, learned A.P.P. for respondent nos. 1 and 2. 2 2 This is an application for anticipatory bail preferred by applicant apprehending his arrest under C.R. No. 32 of 2011, registered at Shivaji Nagar police station, District Nanded, for the offences punishable under Sections 406, 420, 467, 468, 476, 474, 34, 120B of the Indian Penal Code. 3 It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely Aminabee Abdul Rashid on 19.2.2011. It is alleged therein that she owned land Survey No. 25, admeasuring 38 Ares and accused no.1 Sajid Khan is her step son. He allegedly presented a fake woman before the Sub-Registrar posing to be his step mother Aminabee and got executed a fake power of attorney. It is also alleged that on the basis of the said fake power of attorney, he got executed a sale deed of the said land in favour of the applicant herein. It is further alleged that accused no.1 Sajid Khan and the applicant herein, with the connivance of other co- accused persons, defrauded the complainant. 4 Accordingly, it is apparent that the applicant is the purchaser of the said land from Sajid Khan, who is allegedly fake 3 power of attorney general of the complainant Aminabee, who is step mother of said Sajid Khan. In the said context, it is the contention of the applicant that he is a bona fide purchaser of the said land and there was no intention to cheat the complainant. It is also pointed out that the applicant also sold some portion of the said land to Nisar Khan. 5 Apparently, there appears to be substance in the contention of the applicant. Besides, it is canvassed that accused no.1, namely Sajid Khan, who allegedly has prepared the fake power of attorney, has been granted bail by the learned Sessions Court. 6 Hence, having the comprehensive view of the matter and considering the accusations against the applicant, interim anticipatory bail granted to the applicant deserves to be made absolute. 7 In the result, present application is allowed and interim anticipatory bail granted to the applicant by order, dated 10.8.2011 stands confirmed, on the following conditions :- 4 (i) The applicant shall give attendance before the concerned investigator twice in a week, i.e. on every Monday and Thursday between 5.00 p.m. to 7.00 p.m. till filing of the charge sheet and shall cooperate with the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8 The present application stands disposed of finally. 9 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3403.11