IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3144 OF 2008 CRI.APPLICATION NO.3144 OF 2008 CRI.APPLICATION NO.3144 OF 2008 1.Govind Bhika Kelhe, 2.Rajesh Bhika Kelhe, 3.Kalpesh Govind Kelhe, 4.Sou Alka govind Kelhe, 5.Sau Anita Rajesh Kelhe, ..Applicants. Vs The State of Maharashtra, Respondent. MrM.S.Karnik, for the applicants. Mr A.T.Javeri, APP for the state. Mr J.B.Kocheta, for original complainant. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 03/10/2008 DATE : 03/10/2008 DATE : 03/10/2008 PC: PC: PC: 1. Heard the learned counsel for the parties. 2. The applicants are seeking anticipatory bail in CR No.I-19 of 2008 of Chhavani Police Station, Malegaon, District-Nashik. The said case is under sections 406 and 420 of IPC. 3. Mr Karnik, learned counsel for the applicants, at the outset, on instructions, prays for withdrawn of the application insofar as applicant nos 1 and 2 are concerned and seeks liberty to those applicants to apply for regular bail after they surrender before the police on or before 10.10.2008 and submits that they may be protected till then. Insofar as applicant nos 3 to 5 are concerned, their prayer for anticipatory bail has not been opposed seriously in view of the statement made by Mr Karnik, learned counsel for the applicants, that applicant nos 1 and 2 actually conduct the business and that applicant nos 3 to 5 do not have any knowledge of the transactions in question and they are innocent. He further submits that applicant nos 1 and 2 take all the responsibility of the questioned transactions. The statement of Mr Karnik is accepted. In the circumstances, applicant no.3, who is hardly 19 years old boy pursuing his education, and applicant nos 4 and 5, the wives of applicant nos 1 and 2 respectively, in my opinion are entitled to anticipatory bail. Hence, I pass the following order. 4. In the event of arrest, applicant nos 3 to 5 be enlarged on bail in the sum of Rs.20,000/- each, with one or two sureties to make up the said amount, on the following condition that they shall report to the concerned police station as and when called. 5. Applicant nos 1 and 2 are allowed to surrender before the police on or before 10.10.2008. It is open to them to apply for bail on the very same day on which they surrender and if such an application is filed by them same may be considered by the court below on merits. Till 10.10.2008, they shall not be arrested in connection with CR No.I-19 of 2008 of Chhavani Police Station, Malegaon. 6. While passing this order I shall not be understood to have expressed any opinion on merits of the case. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)