1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4553 OF 2009 Harsing S/o.Ransing Pawara, Age-30 years, Occu-Agriculturist, R/o.Durbadya, Tq.Shirpur, Dist. Dhule APPLICANT VERSUS The State of Maharashtra, Through, The In-Charge, Police Station, Mohadi, Tq.Shirpur, Dist. Dhule. RESPONDENTS Mr.Milind Patil, learned counsel for applicant Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 06/01/2010 PER COURT : 1. By the present application, the applicant have approached this Court for his release on anticipatory bail in the event of his arrest in connection with Crime No.103/2009, registered in Mohadinagar Police Station of Dist. Dhule, for an alleged offence u/s. 420 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicants followed by 2 the submissions of learned APP appearing for State. Also perused the complaint lodged by the complainant Namdeo Sonwane dated 08/11/2009 in the papers of investigation till carried out. 3. Considering the allegations made in the complaint by Namdeo Sonwane, it appears that the present applicant has projected the dream of shower of currency notes with the help of one Kashinath on performing certain Pooja ceremony in his field. Coming under the hypnotized mental pressure by the present applicant, the complainant came in his field alongwith the currency notes of Rs. 1,91,000/- and while performing the Pooja like hypnotism, that currency notes were galloped. Hence the complaint is lodged. At the time of the alleged incident, the present applicant was present with the said Kashinath and was caught hold by the other persons on giving alarm by the complainant. At that time, the present applicant fled away. At that time,this Kashinath as well as Harising assured that his persons have fled away with money and assured to return the money back, but never appeared thereafter nor he had returned the money. Hence complaint. 4. Considering the submissions across the bar of the learned counsel appearing for applicant that no active role is played by this applicant in the said incident. According to him, the main accused is already released on bail and nothing is recovered from this applicant. These submissions bearing no meaning at all unless the applicant is taken in custody, there shall not be any recovery from him. Learned 3 APP opposed the application. 5. Considering the submissions across the bar as well as the contents of the complaint, the fact is clear that this applicant has taken the benefit of the belief of complainant that if some Pooja is performed, there shall be a shower in his field of the currency notes and under that hypnotized belief, he invested huge amount in the sum of Rs.1,91,000/-. This is a fit case of cheating in which there is active participation and involvement of the present applicant. No case is made out to enlarge the applicant on anticipatory bail under the discretionary powers of this Court. The application sans any merit. Hence rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4553-09