1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION CRIMINAL APPLICATION NO. 396 OF 2009 Bhausaheb Krishnarao Deshmukh ..... Applicant. V/s State of Maharashtra ...... Respondent. ------ Mr. Umesh R. Mankapure for the applicant. Mr. D.P. Adsule, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 2nd February, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 420, 468 read with section 34 of the Indian Penal Code which is registered at Karmala Police Station, District Solapur vide C.R. No.315 of 2008. 3. A sale deed was executed in favour of the present applicant by accused No.5 who had impersonated himself as Krishnarao Deshmukh who had, in fact, expired in the year 2003. The original accused No.5 was identified by two witnesses. Applicant herein paid an amount of Rs 3,50,000/- towards the sale consideration for purchasing the said agricultural land since the complainant and his family members were permanently residing at Paranda, District Usmanabad. The applicant did not know personally the said Krishnarao Deshmukh. 4. The learned Counsel appearing on behalf of the applicant relied upon the representation made accused No.5. It is submitted that the when the sale deed was executed, no objection was taken by the complainant. However, thereafter, after a lapse of three months, a private complaint was filed in the court of learned Magistrate who directed that inquiry should be made under section 156(3) of the 2 Cr.P.C. In the said inquiry, police found that accused No.5 who was not made an accused in the complaint filed by the complainant was the real nephew of late Krishnarao Deshmukh and he had executed the sale deed by impersonating late Krsihnarao Deshmukh. In view of this material on record, it is apparent that the applicant himself appears to have been taken for ride by accused No.5. Apart from that, the applicant is 78 years of age and, therefore, even on that count, the applicant deserves to be released on bail. 5. Applicant be released on bail in C.R. No.315 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station at Karmala, District Solapur as and when called. 6. Application is disposed of. (V.M. KANADE, J.)