IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.2900/2008 [Ashok Patil ..vs.. State] = = = = = = = = = = = = = = = = = = = = = = = = = = Mr. Anil Mardikar, Advocate for applicant Mr. Doifode, A.P. P for state. = = = = = = = = = = = = = = = = = = = = = = = = = = CORAM:R.C. CHAVAN, J. DATE: 20.11.2008 Heard counsel for parties. The applicant seeks anticipatory bail under section 438 of Criminal Procedure Code apprehending his arrest for offence of cheating. The applicant seems to have given impossible promise of repaying amount which was to be received from the depositors in 60 installments and also to give them a plot of land out of the land which did not belong to him. Gullible investors paid for this scam and complainant – Varshabai Jambhulkar has claimed to have invested Rs.90,000/-with a hope of getting plot as also refund of the entire amount. According to her she got refund of Rs.30,000/- and according to the applicant she was paid Rs.45,000/-, plot is however still a dream. Therefore, she made a complaint to the police whereupon the offence has been registered. Learned A.P.P. opposes this application for grant of bail on the ground that the applicant has in fact duped many more persons as reveled in the investigation. In that case the Investigating Officer would be justified in registering appropriate offences on complaints or reports of persons who have been duped. It is not necessary to tag all those complaints and all those grievances with the present case. Learned counsel for the applicant states that his client is ready to deposit a sum of Rs.45,000/- and had in fact sent that amount to the complainant which the complainant refused to receive. In view of this, on applicant's depositing a sum of Rs.45,000/- in the Registry of this Court by 21.11.2008, applicant be released in the event of his arrest on P.R. in sum of Rs.50,000/- with solvent surety in the like amount, subject to condition that he shall make himself available for interrogation as and when required by the Investigating Officer and initially appear before the Investigating Officer on Saturday - 22.11.2008 at 10.00 a.m. Registry shall invest the amount deposited by the applicant in Andhra Bank, High Court Branch, Nagpur till further orders about transfer of money could be passed, in a deposit so as to fetch maximum interest. Application stands disposed of. Hamdast granted. JUDGE smp.