1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4732 OF 2009 Shri Nazareth Joseph Pereira ...Applicant vs. The State of Maharashtra ...Respondent Mr.Sanjeev P. Kadam for the Applicant. Mr.Y.M. Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 4, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant along with other co-accused was arrested on 3rd August, 2009. It is alleged that the applicant and others were protected tenants in respect of certain property situated at Juhu, Mumbai. It is further alleged that the applicant and 2 other accused executed documents in favour of two builders and transferred the property in their favour. Thereafter, the name of the original owner was deleted from the property card and the name of these two builders were substituted. The said documents were executed in 2004. Thereafter, enquiry was held by the Superintendent, Land Records, Mumbai Suburban District and it is an admitted position that the name of the said builders has been deleted. The only role attributed to the present applicant is that co-accused had used the said document to delete the name of the owner. It is an admitted position that all other co-accused belonging to the applicant s family members have been released on bail. During the enquiry which was held by the Superintendent of Land Records, the present applicant had made a grievance that the name of the builder was inserted in the City Survey Record without giving notice to the applicant. Chargesheet already has been filed. In these facts and circumstances, therefore, in my view, further 3 custodial interrogation of the applicant is no longer necessary, more particularly, the other co- accused belonging to the applicant s family have been released on bail. The applicant has not been arrested for more than three years and he has always co-operated with the police. The applicant, therefore, is entitled to be released on bail. 3 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 4 The application is disposed of. (V.M. KANADE, J.)