1 crap4108.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4108 OF 2011 Ravi s/o Suresh Baraskar, age 25 years,occ. Agril., and Business, R/o Zarekar Lane, Ahmednagar ...Applicant VERSUS 1 The State of Maharashtra, through Police Station Officer Tophkhana Police Station, Ahmednagar, 2 The Superintendent of Police, Ahmednagar,Dist. Ahmednagar ...Respondents ..... Shri N.V.Gaware, advocate for applicant Shri B.V.Wagh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5th October, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose, as well as heard respective learned counsel for the parties finally. 2 crap4108.11 2 This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest under C.R. No.I-308 of 2011, registered at Tophkhana Police Station, District Ahmednagar, for the offences punishable under Sections 384, 364(A) and 32(b)(c), 33(A)(b)(c) of the Money Lending Act. 3 It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely Rajaram Laxman Aande on 16.8.2011. 4 At the out set, interim anticipatory bail was granted in favour of the applicant by this court on 23.9.2011 and same is effective till today. 5 The contents of the complaint reveal that son of the complainant, namely Rishikesh had taken hand loan from his friends, namely Sagar Kate, Parag Mutha, Nilesh Mutha, Kunal Mutha, Nikhil Gandhi and Ravi Baraskar i.e. applicant herein. It is also alleged that the applicant and other co-accused were insisting upon the complainant for repayment of the said loan. It is also alleged that they demanded amount of Rs.4,99,000/- 3 crap4108.11 including interest. It is further alleged that on 1.7.2011 they had taken the complainant to the Bond Writer and got the agreement of sale executed of the residential house of the complainant for Rs.9,00,000/- towards the repayment of the said loan and interest. It is further alleged that on 5.8.2011, the applicant and co-accused had come to his house in the night at about 1.30 a.m. and broke the glasses of the house and created terror. 6 Apparently, although the amount of Rs.2,00,000/- was allegedly taken by the son of the complainant prior to 1.7.2011 and although the bond was got executed and although the applicant and other co-accused created terror on 5.8.2011, the complaint came to be lodged belatedly on 16.8.2011, and apparently, the said delay has not been explained in the contents of the complaint. 7 Moreover, it appears that the applicant herein is the mere signatory as witness in the agreement of sale allegedly got executed from the complainant on 1.7.2011. Besides, learned counsel for the applicant pointed out that the other co-accused persons, namely Sagar Kate, Parag Mutha, Nilesh Mutha, Kunal 4 crap4108.11 Mutha and Nikhil Gandhi have been enlarged on regular bail by the learned Sessions Court. 8 In view of the aforesaid position and considering the accusations made against the applicant and nature and gravity thereof, apparently, there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and hence, interim protection granted to the applicant deserves to be made absolute, but on certain conditions. 9 In the result, present application is allowed and interim protection granted to the applicant on 23.9.2011 stands confirmed on the following conditions :- (i) The applicant shall give attendance before the concerned investigator once in a week i.e. on every Monday between 4.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses 5 crap4108.11 and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 10 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 11 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4108.11