1 Cri.A.2241.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2241 OF 2011 1. Prakash Hiraman Devawale, Age : 42 years, Occup.: Business, R/o Ramnagar, Suvarnakar Nagar, Jalna District Jalna. ...APPLICANT. VERSUS . The State of Maharashtra, and another ...RESPONDENTS. ... Shri. Joydeep Chatterji, Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. Shri.U.B.Bondar,Advocate for original complainant. ... WITH CRIMINAL APPLICATION NO. 2259 OF 2011 1. Kantabai W/o Deepchand Khattar, Age : 72 years, Occup.: Household, R/o Talreja Nagar , Jalna District Jalna. ...APPLICANT. VERSUS . The State of Maharashtra, and another ...RESPONDENTS. ... Shri. U.B.Bondar, Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent-State Shri. Joydeep Chatterji, Advocate for respondent No.2. .. CORAM: T.V.NALAWADE, J. DATE : 20TH JUNE, 2011. 2 Cri.A.2241.11 PER COURT : 1. First application is filed for anticipatory bail, in Crime No. 89 of 2011, registered with Sadar Bazar Police Station, Jalna, District Jalna for the offence punishable under sections 386, 352 of the Indian Penal Code read with section 4/25 of the Arms Act. 2. Second application is filed by the original complainant for permission to assist APP. The said application is allowed and Advocate Mr. Bondar is allowed to assist the APP. Both the sides are heard. 3. A report is given by one Kantabai Khattar. She has made allegations that her grand son had taken loan of Rs. 10,00,000/-(Rupees Ten lacs) from present applicant and even after refund of that amount with interest the applicant- petitioner was harrasing and he wants to extract more amount. Allegations are made that due to the said transaction one agreement was got executed by using force and in one incident there was use of weapon like sward in the shop premises. Applicant was demanding Rs. 50,00,000/- more. However, actual assault was not made and it is not case of the prosecution that the injury was caused . 3 Cri.A.2241.11 4. On last occasion investigation papers were produced, but the Court asked APP to produce transcript of the conversation, which is allegedly recorded by the complainant side. Today copy of the transcript came to be produced. A copy of the compromise document is produced by the applicant on record, which is from Special Civil Suit No. 84 of 2011, which was pending in the Court of Civil Judge Senior Division, Jalna. It is submitted that compromise has taken place between the first informant and wife of the present applicant and disputed document-agreement, of sale is cancelled. The document is taken on record. 5. APP submitted that there are allegations against the applicant that he is indulging in illegal money lending transactions and the same cannot be ignored and only due to compromise relief of anticipatory bail cannot be granted to the applicant. It appears that Sessions Court has mentioned some such transactions in the order, when anticipatory bail was refused to the applicant. Advocate for the original complainant submits that there is compromise and he has no objection if relief of anticipatory bail is granted in favour of the applicant. It is made clear that only due to such compromise, powers to investigate the case given to police will not came to an end. If during investigation some more persons come forward and make allegations of illegal money lending business against the applicant, 4 Cri.A.2241.11 appropriate action can be taken in that regard and even separate offence can be registered. The weapon sword was not used and no injury was caused to the complainant or her grand son. In any case some conditions need to be imposed on the applicant. In view of peculiar circumstance, relief anticipatory bail can be granted to him. Hence, order. (i) In case of arrest of the applicant, in Crime No. 89 of 2011, registered with Sadar Bazar Police Station, Jalna, District Jalna for the offence punishable under sections 386, 352 of the Indian Penal Code read with section 4/25 of the Arms Act, he be released on bail on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand), on conditions that:- (a) the applicant shall co-operate during the investigation and to attend the concerned Police station on every Sunday between 9.00 a.m. and 12.00 noon. Attendance will be for the period of one month from today. (b) The applicant shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK 5 Cri.A.2241.11