- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2174/2010 Vishal Arvind Rajguru, age 34 yrs., occu.business, r/o Ashapura Dham, Room No.16, Sanpada, New Mumbai. (presently in jail custody) ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Shri A.H. Kapadia, Advocate for applicant. Smt.V.A. Shinde, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 17.06.2010 PER COURT: - 2 - 1] By the present application, the applicant has approached this Court for release on bail in connection with Crime No.58/2009 registered in Sangamner Police Station in which he came to be arrested on 30.6.2009. In that case, after completion of investigation, charge-sheet was filed on 15.9.2009 in the Court of J.M.F.C., Sangamner, and the case is numbered as RCC No.384/2009. 2] Heard learned counsel for the applicant as also the learned A.P.P. for the State. 3] Alleged offence against the applicant is u/ss.406, 420, 467, 468, 471 r/w 34 of the Indian Penal Code. The papers of investigation as well as report submitted before the lower Court also indicate that other than present offence, the applicant was involved in similar type of four other offences in which he is released on bail, but only because he is not released on bail in this crime, he is behind the bars for about a year. 4] It appears that the offence came to be registered on the basis of complaint lodged by one Jaspal Sitaram Dank in Sangamner Police Station on 20.5.2009 alleging that under the pretext to provide contract of transportation of the private cars, certain amount was received for purchase of the vehicles, which required to be engaged in the transport business by the present applicant. This amount was deposited with the wife of the present applicant by the complainant. Later on, it appears that even though assured, the contract was not materialised and hence - 3 - the offence. 5] Considering the nature of transaction as alleged in the complaint, it is a transaction between the private parties. In the premises, whether Sections 467, 468 and 471 of the Indian Penal Code will be applicable or not, is a debatable question, but at this juncture, this Court is not supposed to criticise on this issue deciding the bail application. Considering the nature of allegations, the trial to be conducted before the Court of Magistrate, the investigation being over and huge pendency of criminal trials before the Magistrate, it is not desirable that the applicant be detained behind the bars for uncertain period. In the premises, following order is passed. 6] Application is allowed. The applicant be released on bail in RTC No. 384/2009 relating to Crime No.58/2009 registered with Sangamner Police Station on furnishing solvent surety in the sum of Rs.50,000/- and on executing P.R. Bond in the like amount. After release on bail, the applicant to give attendance in Sangamner Police Station twice in a month on each 14th and 20th day of every month in between 10 a.m. to 1-00 p.m. Application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr176109