(1) Cri. Application No. 4213 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4213 of 2011 1. Salim Hussain Sayyed, Age : 43 years, Occupation : Agriculture. 2. Ejaj Hussain Sayyed, Age : 37 years, Occupation : Agriculture. 3. Shaikh Faiyaz Abdul Raheman, Age : 35 years, Occupation : Business. 4. Shaikh Sher Mohmed Abid, Age : 36 years, Occupation : Business. All R/o. Mukundnagar, Ahmednagar. .. Applicants. versus The State of Maharashtra. .. Respondent. ....................... Mr. Joydeep Chatterji, Advocate, for the applicants. Smt. R.K. Ladda, Additional Public Prosecutor, for the respondent. (2) Cri. Application No. 4213 of 2011 ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 11TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. After hearing learned respective Counsel for the parties, extensively, learned Adv. Mr. Joydeep Chatterji, for the applicants, on instructions, seeks leave to withdraw the present Application to the extent of applicant no.1, namely, Salim Hussain Sayyed, and applicant no.2, namely, Ejaj Hussain Sayyed. 3. In view of the said submission, leave granted, and the present Application stands dismissed as withdrawn to the extent of applicant no.1, Salim Hussain Sayyed, and applicant no.2, Ejaj Hussain Sayyed. 4. As regards applicant no.3, namely, Shaikh Faiyaz Abdul Raheman, and applicant no.4, namely, Shaikh Sher (3) Cri. Application No. 4213 of 2011 Mohmed Abid, they have preferred the present application seeking anticipatory bail, apprehending their arrest in connection with Crime No. I-388/2011, registered at Police Station, Pathardi (District : Ahmednagar), for the offences punishable under Sections 420, 465, 467, read with Section 34 of Indian Penal Code. 5. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Daveed @ Devid Chandar Ghorpade, on 15th September 2011, against the applicants and other co-accused persons. However, although the names of applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no.4, Shaikh Sher Mohmed Abid, have been reflected in the FIR, no specific overt act / role has been attributed to them, therein. It appears that the applicant nos.3 and 4 are identifying witnesses to the later sale deed dated 13th September 2011, executed by Kushaba in favour of applicant nos. 1 and 2 herein, and not beyond that. 6. Hence, considering the accusations made against applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no. 4, Shaikh Sher Mohmed Abid, and the nature and gravity thereof, apparently, there is no necessity of custodial interrogation of said applicant nos.3 and 4, and hence, they deserve anticipatory bail, (4) Cri. Application No. 4213 of 2011 but on certain conditions. 7. In the result, present Criminal Application is partly allowed, to the extent of applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no.4 Shaikh Sher Mohmed Abid, and it is directed that in the event of arrest of applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no.4 Shaikh Sher Mohmed Abid, they be released on bail on furnishing P.R. Bond of Rs. 15,000/-, each, with one surety in the like amount by each of them, on the following conditions : (i) Applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no.4 Shaikh Sher Mohmed Abid, shall give attendance before the concerned investigator, twice in a week i.e. every Monday and Friday, between 5.00 p.m. to 7.00 p.m., till filing of charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.3, Shaikh Faiyaz Abdul Raheman, and applicant no.4 Shaikh Sher Mohmed Abid, shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. However, present Criminal Application, in respect of applicant no.1, Salim Hussain Sayyed, and applicant no.2, Ejaj (5) Cri. Application No. 4213 of 2011 Hussain Sayyed, stands dismissed as withdrawn, as aforesaid. and present Criminal Application is disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same 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 ......................... bgp/ka4213