1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1240 OF 2010 Ganesh Somla Jadhav and anr. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.J.N.Shirdhonkar i/by M.M.Kondekar for the Applicants. Smt.V.R.Bhosale, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 23rd March, 2010 PC : 1 This is an application for grant of anticipatory bail. Two applicants are shown as accused in C.R.No.55/2010 registered by Hadapsar Police Station, Pune for alleged offences under Sections-467, 468, 471, 420 read with 34 of the I.P.C. The complaint has been registered at the instance of Ratnesh Avasthi who alleged that one Santosh Patada executed an MOU dated 5.12.2009 agreeing to sell him his flat for the consideration 2 of Rs.44.50 lacs and persuaded him to part with an amount of Rs.25.00 lacs in three installments. Since the transaction was not completed, the purchaser found out the address of Santosh Patada and on reaching there, he was told by the wife of the Santosh Patada that she is joint owner of the flat and there was loan of Rs.39.00 lacs given by ICICI Bank. In so far as present applicants are concerned, they are admittedly brokers. Admitted position is that they have not received amount of Rs.25.00 lacs which has been paid directly to the owner Santosh Patada by cheques issued in his name. It is rightly contended that in a transaction of purchase of immovable property, it is for the purchaser to satisfy himself that the property is without encumbrances and there is marketable title. The applicants-brokers would be entitled to their brokerage on the completion of the transaction. The other allegation is that the applicant No.1 has signed as a witness on the MOU. In my view, the present applicants would be entitled for grant of 3 anticipatory bail. It is therefore, directed that in the event of their arrest in C.R. No.55/2010 by Hadapsar Police Station, Pune the applicants will be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating Officer at Hadapsar Police Station between 11.00a.m. to 5.00p.m. on 29.3.2010 and 30.3.2010 and thereafter as and when called upon by the Investigating Officer in writing. ( R.S. MOHITE, J.)