1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4066 OF 2009 Anand S/o.Fakira Dandge, Age-38 years, Occu-Private Service, R/o.Bhimnagar, Bhavsingpura, Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.N.S.Ghanekar, learned counsel for applicant. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.564/09 registered in Kranti Chowk Police Station, Aurangabad for an offence punishable u/s. 467, 468, 420, 34 of IPC. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out as in the present crime the investigation is yet to be completed and charge sheet is yet to be filed. 2 3. Considering the submissions across the bar, it appears that the complaint came to be lodged in Kranti Chowk Police Station on the basis of complaint lodged by one Chandrakant Aalne on 20/10/2009 against the present applicant and one Ramesh Mahajan, who is serving in the State Government as a Doctor in the Health Department. The allegations against this applicant that this applicant has introduced the complainant and one Vijay Bhosale to this Ramesh Mahajan, under the assurance to provide employment to the wife of complainant and the relative of Vijay Bhosale and extracted certain amount which is in the sum of Rs.45,000/- and 43,000/- wherein the role played by the present applicant is to act as a mediator to accept money for Ramesh Mahajan and to handover the said cash to Ramesh Mahajan. There are allegations that the complainant and said Vijay Bhosale alongwith the persons expecting employment at the hands of Ramesh Mahajan were called at Pune where this amount was handed over by the present applicant to the said Ramesh Mahajan who after acceptance of that amount ran away. This applicant came to be arrested in connection with this offence on 28/10/2009 and after initial police remand, now is in magistrate custody as according to the applicant, investigation which relates to the present applicant is over, hence be released on bail. 4. Learned APP opposed the bail application on the ground that there is involvement of the present applicant in handing over money to the absconding accused Ramesh Mahajan to whom the cash was handed over which was received from complainant and other person 3 Bhosale. According to learned APP, there are similar complaints received from number of persons that the present applicant has under pretext to provide the employment, has acted as a mediator and accepted money from those persons also. Considering the seriousness of the offence, opposed to release the applicant on bail. 5. Considering these submissions across the bar, one fact is clear that so far as the role played by present applicant is concerned as a mediator to accept money from the complainant as well as one Vijay Bhosale and handed it over to the absconded accused Ramesh Mahajan, no doubt, there is involvement of present applicant in the said offence. But the offence is triable by the Court of Magistrate and papers of investigation shows that the statements of the relevant witnesses are recorded by the Investigation Officer. As regards the complaints received from the other persons about they have handed over cash to the present applicant under the pretext to provide an employment, but on my query to learned APP, as to whether any offence is registered on these complaints received against this applicant to which it is informed that even though the complaints are received against the applicant, no offence is registered. Why the offences were not registered even though several complaints are received, the reasons are best known to the investigation agency. But the fact remains that even though the complaints are received about extracting cash from this complainant and others, the investigation is practically over so far as the involvement of present applicant is concerned. In the premise, now no further detention is required, 4 case made out to enlarge the applicant on bail with certain conditions. Hence following is the order : O R D E R 1. Application is allowed. 2. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/ and on executing PR bond in the like amount. 3. After released on bail, the applicant to give attendance to the Kranti Chowk Police Station once in a week, i.e. on every Sunday in between 1.00 p.m. to 3.00 p.m. till filing of the charge sheet. 4. The applicant not to leave the local jurisdiction of Aurangabad without previous permission in writing from the Investigation Officer concerned. 5. Application stands disposedf of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4066-09