1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.936 of 2009 (Mohan Ramrao Gaikwad and another v. State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Sunil Manohar, Advocate for Applicants. Shri P.D. Kothari, APP for Non-Applicant. Shri S.S. Sanyal, Advocate for Complainant. CORAM : R.C. Chavan, J. DATE : 24th March, 2009 This is an application for anticipatory bail by partners, who were alleged to be involved in offences punishable under Sections 406, 420, 465, 467, 468, 471 and 506 read with Section 34 of the Penal Code. The allegation is that the complainant borrowed a sum of Rs.25 lacs to the applicants from time to time and the complainant was to repay the said amount with interest at Rs.50,000/- per month. The complainant was possibly coerced into executing a power of attorney and a partnership deed. The complainant alleges that in fact a sum of Rs.39 lacs has been repaid. The applicants have filed a civil suit. The reply by State claims that the custodial interrogation of the applicants is necessary. It is not clear as to why the custodial interrogation should be necessary. The money, which is sought to be recovered is not a marked money. It is a part of the 2 business transaction. As far as the sample of specimen handwriting is concerned, the learned counsel for the applicants states that the applicants would furnish the requisite handwriting if they are called upon to do so. The learned APP states that the applicants should also furnish details of their bank account. It is not clear as to what prevented the Investigating Officer to search the premises of the applicants. In any case, there is no substance in the contention of the learned APP that the custodial interrogation of the applicants is necessary for investigation. In view of this, the application is allowed. In the event of arrest of the applicants, each of the applicants be released on bail on their furnishing a PR bond in the sum of Rs.1 lac on the condition that the applicant shall attend the Police Station concerned on 26-3-2009 at 10 a.m. and thereafter as and when required by the Investigating Officer and that they shall co-operate with the Investigating Officer in the matter of furnishing samples of their specimen handwriting. JUDGE pdl