1 1 1 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 CRIMINAL APPLICATION NO.1980 OF 2009 CRIMINAL APPLICATION NO.1980 OF 2009 CRIMINAL APPLICATION NO.1980 OF 2009 Yakub Abdulgaffar Kachhi, .. Applicant Vs State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Sr.counsel, i/b Mr Milind Deshmukh, for the applicant. Mr K.V.Saste.A.P.P, for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 06.05.2009. DATED : 06.05.2009. DATED : 06.05.2009. P.C.: 1. Heard Mr Mundargi, learned senior counsel for the applicant and Mr Saste,learned A.P.P, for the State. 2. The applicant is seeking anticipatory bail in C.R.No.2 of 2009 of Sangli City Police Station, The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 406, 420, 411, 504 r/w 34 of the IPC. 3. The prosecution case, in brief,is that there was an agreement between the complainant and accused no.1 Kashid in repsect of centring material. Under 2 2 2 the agreement, the complainant had given the centring material on hire to accused no.1-Kashid for the period between April and July 2008. Certain payments were made by accused no.1-Kashid to the complainant. It is alleged that accused no.1, thereafter, did not make any payment to the complainant and he also refused to return the centring material. In the circumstances, the complainant lodged an FIR on 2.1.2009. Insofar as the present applicant is concerned, it is alleged that he purchased the centring material from accused no.1. Mr Mundargi, learned senior counsel for the applicant, on instructions, submits that the applicant is prepared to hand over the centring material, which he purchased from accused no.1, to the police. He further submits that the applicant is a bonafide purchaser of the centring material and that he had no knowledge about any agreement between the complainant and accused no.1. Having regard to overall facts and circumstances of the case and the nature of allegations against the applicant, in my opinion, custodial interrogation of the present applicant is not necessary. The applicant, however, shall hand over the centring material to the police at the earliest. Hence, the following order. 3 3 3 . In the event of arrest, the applicant be released on bail in the sum of Rs.25000/- with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station on every Wednesday and Saturday between 6 pm and 7 pm for a period of one month and thereafter on every Saturday between 6 pm and 7 pm for a period of ninety days from the date of his formal arrest or till filing of the chargesheet, whichever is earlier. . 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 uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)