Ramaswami Nrayanswami Pilley v. State Of Maharashtra Thr. P.S.O. Kanhan Dist. Nagpur

1 aba172.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 172 OF 2017 (RAMASWAMI NARAYANSWAMI PILLE...VS.. STATE OF MAH. THR. P.S.O. PS KONHAN, DISTT.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S. D. Nandurkar Advocate h/f. Shri. O. K. Masurke, Advocate for Applicant.

Shri. M. J. Khan, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 21 st JUNE , 2017.

Heard.

The applicant, apprehending arrest in crime registered against him and two others for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code, has sought pre-arrest bail. The crime is registered on complaint lodged by Balaji Barve that the accused has cheated him by executing sale-deed of land owned by Mitthu Bhimte, who died 5 years prior to the date on which agreement of sale is shown to be executed. According to the complaint, co-accused Prabhu Bhimte had executed the sale-deed posing himself to be Mitthu Bhimte and the applicant played active role as the applicant had introduced the complainant Prabhu Bhimte and coaccused Kaliram Gajbhiye and the applicant has signed the sale-deed as witness. According to the Investigating Agency, the applicant has received Rs.50,000/- from the complainant.

2 aba172.17 The applicant is in the employment of Nagar Parishad Kanhan. This Court has granted protection to the applicant by order passed on 24th March, 2017. The Investigating Agency has not complained that the applicant has misused the interim protection or has not co-operated the investigation. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

Considering the facts of the case, following order is passed :

In the event of arrest in Crime No.84 of 2016 registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.50,000/- and one solvent surety in the like amount.

The application is allowed in the above terms. Criminal Application (APPP) No.447 of 2017.

In view of disposal of main application, the application for grant of time to file certified copy of order dated 08.02.2017 and say of prosecution has become infructuous.

The Criminal application is disposed of accordingly.

JUDGE PBP