1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5016 OF 2009 Shri Abdullah Majubullah Khan ...Applicant vs. The State of Maharashtra ...Respondent Mr.Ayaz Khan and Ms.Nilofar Saiyed for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 21, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the state. 2 The applicant was arrested in connection with an offence which is registerd vide M.E.C.R.No.I-206(A)/2008 at Shantinagar Police Station for the offences punishable under Sections 120B, 418, 419, 420, 467, 471 read with 34 of the 2 IPC. 3 The applicant claims to be a broker and the complainant and five others sold their property through the applicant to one M/s.Osaka Synthetic Pvt.Ltd. It is alleged that Power of Attorney on the basis of which the said property was sold was forged and fabricated by the present applicant. A civil suit has been filed against the complainant for Specific Performance by the purchasers of the said property in this case and interim relief has been granted. The applicant is in jail since 6th May, 2009. The Power of Attorney has been confiscated and seized by the police. The charge sheet also has been filed. The other accused has been released on bail. The complainant and five others received substantial amount from the purchasers of the property viz. M/s.Osaka Synthetic Pvt. Ltd. After receiving that amount, he has now resiled from the agreement by taking a plea that Power of Attorney which was executed in favour of the present applicant was 3 forged and fabricated. 4 Since the charge sheet now has been filed and the allegation is that the Power of Attorney is forged and fabricated, custodial interrogation of the applicant, in my view, under these circumstances, is not necessary since there is no question of the applicant tampering with the evidence which is in the form of the documents and are in custody of the police. 5 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 6 The application is disposed of. (V.M. KANADE, J.)