IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3950 OF 2008 CRI.APPLICATION NO.3950 OF 2008 CRI.APPLICATION NO.3950 OF 2008 Suryakant Virendra Singh, Applicant. Vs The State of Maharashtra, Respondent. Mr M.S.Mohite, i/b Mr Rahul Arote, for the applicant. Mr.Y.S.Shinde, APP, for the State. Mr Vivekanand Gupta, for the complainant. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 11/12/2008 DATE : 11/12/2008 DATE : 11/12/2008 PC: PC: PC: 1. Heard Mr.Mohite, learned counsel for the applicant, Mr.Shinde, learned APP, for the State and Mr Gupta, learned counsel for the complainant. 2. The applicant is seeking anticipatory bail in C.R.No.63 of 2008 of Neral police station. The said crime has been registered against the applicant and one another for having allegedly committing an offence under sections 406, 420 r/w 34 of IPC. 3. The applicant at the relevant time was working as Manager, General Administration, with M/s.Genom Biotech Pvt. Ltd.,(for short, "the said company"). The co-accused-Rakesh Ranjan was working as Assistant General Manager with the said company. The Chairman of the said company Mr.Binod Singh wanted to purchase some lands in Neral and Karjat area in the name of his father Madheshwar Prasad Singh. In view thereof a Power of Attorney dated 15th March, 2007 was executed in favour of the co-accused - Rakesh Ranjan giving him the power to acquire lands in the name of Madheshwar Prasad Singh. On the basis of the said power of attorney the co-accused entered into 44 transactions in favour of Madheshwar Prasad Singh. It appears that Madheshwar Singh also wanted to purchase 5 acres of land in survey No.86. The landlords of the said land executed power of attorney dated 21.3.2007 in favour of the applicant. According to the complainant, Binod Singh never involved the applicant in the said transaction and he had never authorised him to get the power of attorney in his favour from the landlords of the land survey no.86. It is alleged that the applicant and the co-accused-Rakesh Ranjan, in collusion, got the said power of attorney executed in favour of the applicant and on the basis thereof five acres of land, out of survey no.86, came to be transferred in the name of third party and thereby they have committed the instant crime of cheating. Mr.Gupta, learned counsel for the complainant, vehemently submitted that the applicant also withdrew certain monies from the said company for purchasing the said land in the name of Madheshwar Prasad Singh. The amount withdrawn was Rs. 1.80 lacs. However, instead of purchasing the said land in the name of Madheshwar Prasad Singh, he sold it to third person and misappropriated the said amount. Mr Mohite, learned counsel for the applicant submitted that the applicant, without prejudice to his rights and contentions and in order to show his bonafides, is prepared to deposit Rs.1,80,000 in the trial Court. Keeping that in view and having considered overall facts and circumstances of the case and considering that the co-accused has already been granted anticipatory bail by this Court vide order dated 19.11.2008, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, the applicant to be released on bail in the sum of Rs.1,00,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every alternate day between 10 and 12 noon till 5th December, 2008 and thereafter on every 2nd and 4th Saturday between 10 and 11 am for a period of 90 days from today or till filing of the charge sheet, whichever is earlier. This order of anticipatory bail shall remain in force till filing of the charge-sheet and 15 days thereafter. After filing of the charge-sheet, it would be open to the applicant to surrender before the concerned court and apply for regular bail. It is also open to the investigating agency to apply for cancellation of bail in the event the applicant does not co-operate with the investigation. . The applicant shall, without prejudice to his rights and contentions, deposit Rs.1,80,000/- by cheque in the trial Court within four weeks from today. The deposit of the amount will be subject to the order that would be passed by the trial court in the final judgment. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)