1 apln3445-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3445 OF 2010 Ramdas Balkrishna Bhostekar. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.S.L. Mhatre, Advocate for the applicant. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 09TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant/orig.accused No.2 apprehending his arrest in C.R. No.157 of 2010 registered with Mata Ramabai Ambedkar Marg police station, Mumbai. The offences alleged against the applicant are punishable under Section 420 read with Section 34 of Indian Penal Code. 2 apln3445-10 2. The case of the original complainant is that sometime in the year 2007 he was lured by the present applicant and he was got introduced by the present applicant to other co- accused and original accused No.1. It was made known to the complainant that some jobs are available to be filled in RBI and accused No.1 working as Security Officer in the RBI can get the work done of getting the jobs to the needy candidates. However, for that purpose an amount of Rs.1,60,000/- is required. It is also represented to the original complainant that an amount of Rs.60,000/- per candidate is required to be collected first and should be given to accused No.1 and an amount of Rs.1 lakh per candidate is to be paid after the work is done. As such, the complainant arranged for payment of the total amount of Rs.9,30,000/-. This amount was apparently paid by 16 persons aspiring for the job. One of them had paid Rs.30,000/- instead of Rs.60,000/-. 3. According to the statements of the eight candidates out of these 16 persons, everybody is taking the name of the present applicant as the person in association with original 3 apln3445-10 accused No.1 when the cash amount was given to accused No.1 at different places. 4. During the arguments, learned Advocate for the applicant pointed out the contents of a sort of notarized agreement entered between the complainant and accused No. 1 wherein there is only mention concerning present applicant as the person who introduced accused No.1 to the complainant. It is curious to note that such agreement dated 7.4.2010 is even notarized by one notary at Sr. No.2127. In the said agreement, it is mentioned that the total amount of Rs.7,70,000/- is given by the complainant to accused No.1 and on consideration of the same, being the borrowed amount, accused No.1 will arrange for getting the job for different candidates and on or before 23rd April, 2010 accused No.1 will refund back the said entire amount of Rs. 7,70,000/- to the complainant. Though the name of the present applicant is mentioned as introducer, his signature is not appearing in the said agreement. A receipt for the total amount of Rs.7,70,000/- is also brought to the notice of the 4 apln3445-10 Court which is dated 7.4.2010 and it bears the signature of original accused No.1 and also the signatures of two witnesses and said receipt also do not bear the signature of the present applicant. 5. Considering the above submissions and the material available by way of documents and still considering the statements of the aspirants of the job, in the opinion of this Court the present applicant can be directed to surrender before the concerned Court instead of there being any concrete order of pre-arrest bail. 6. In the result, present application is disposed of with following order :- :: O R D E R :: [i] The applicant to surrender before the concerned Court within one week from the date of this order and ask for the regular bail. Till that time, the applicant is protected from his arrest. 5 apln3445-10 [ii] The concerned Court which will be seized of the said application for regular bail shall deal with the said matter according to law without being influenced by any observations made in the present order so far as merits of the case as against the present applicant are concerned. [iii] With these directions, Criminal Application No. 3445 of 2010 is disposed of. (A.R.JOSHI,J.) PPD 6.apln3445-10