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 CRI.APPLICATION NO.4215 OF 2008 CRI.APPLICATION NO.4215 OF 2008 CRI.APPLICATION NO.4215 OF 2008 Khurshid Saifuddin Bohari, .. Applicant Vs State of Maharashtra, .. Respondent Mr A.P.Mundargi, Sr.Advocate i/b Mr S.S.Patwardhan, for the applicant. Mr H.J.Dedhia,APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 17/12/2008 DATE : 17/12/2008 DATE : 17/12/2008 PC: PC: PC: 1. Heard Mr.Mundargi, learned senior counsel for the applicant and Mr.Dedhia, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.113 of 2008 of Paud police station, Lonawala, Dist-Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 408,420,467,468,471 and 114 of IPC. 3. It is the prosecution case that one Mirchandani had purchased survey nos.60/3 and 60/2/2 (for short, "the said land") on 11.2.2004. Mirchandani, after purchasing the said land, executed a Power of Attorney in favour of one Ghanwat on 18.7.2004. The applicant thereafter entered into an agreement of sale with Ghanwat in respect of the said land. He made part payment at the time of execution of the agreement. On 11.10.2004 the power of attorney executed in favour of Ghanvat was cancelled by Mirchandani. On 16.11.2004 the applicant filed a suit for specific performance of the agreement dated 18.7.2004 executed by Ghanvat. The applicant also registered lis pendence on 17.1.2005. On 1.2.2006 Mirchandani sold the said land to the complainant by a registered sale deed. The complainant thereafter filed an application for his impleadment as a party defendant in the suit filed by the applicant. 4. According to the complainant, the land survey nos.60/2 and 60/2/2 were NA lands and the NA orders in respect of the said lands were issued in 1981. It is alleged that the applicant forged and fabricated a power of attorney purportedly executed by one Shah family in his favour and on the basis of the said power of attorney, executed a sale deed in respect of survey no.60/2/A, owned by Shah family, in favour of one Deshmukh from Solapur. An independent crime has already been registered against the applicant for allegedly fabricating the said power of attorney. The main allegation in the instant CR against the applicant is that for selling the land survey no.60/2/A the applicant allegedly tampered with the NA order issued in 1981 in respect of survey no.60/2/2 for preparing NA order in respect of Survey no.60/2/A and has thereby cheated Deshmukh. In other words, he committed fraud on Deshmukh by using genuine NA order in respect of 60/2/2 for fabricating NA order in respect of survey no.60/2/A. Deshmukh, who allegedly has been cheated, is not forthcoming to make any complaint against the applicant. Keeping that in view and considering overall facts and circumstances of the case and considering that the applicant came to be arrested in July, 2008, I find no reason to refuse bail to the applicant. Investigation is over and the chargesheet has already been filed. The evidence consist mostly of documents which are already in possession of the investigating agency. In the circumstances, I am allowing this application by the following order. . Applicant- Khurshid Saifuddin Bohari to be released on bail in the sum of Rs.50,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every Saturday between 7 and 8 pm till conclusion of the trial. . 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)