Yunus Khan S/O. Ayyub Khan And Another v. State Of Maharashtra Thr. Police Station Officer Police Station Ramnagar, Gondia Dist. Gondia

1 aba506.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.506/2017 Yunus Khan S/o Ayyub Khan and another ..Vs..

State of Maharashtra, through Police Station Officer, Police Station Ramnagar, Gondia, Distt. Gondia - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.V. Mahajan, Adv. for the applicants.

Shri V.A. Thakre, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 24.7.2017.

Heard.

Apprehending arrest in connection with Crime No.215/2017 registered against them for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, the applicants seek pre-arrest bail. According to the investigating agency, the applicants entered into an agreement to sell a Scorpio vehicle to the complainant, received amount of Rs.4,30,890/-, however, neither delivered the vehicle to the complainant nor completed the formalities of transfer of vehicle in the name of complainant. It is alleged that the applicants had entered into agreement with complainant unauthorizedly and without any authority.

2 aba506.17 According to the investigating agency, the vehicle in question belongs to some third person and is not owned by either of the applicant.

The complaint is lodged by Vinod Govardhan Donode on 17th June, 2017 that on 1st February, 2017 under the pretext of completing the formalities of transferring the vehicle in the name of the complainant, the applicants had taken the complainant to the office of R.T.O. at Jalgaon, obtained signatures of the complainant on blank stamp paper and then vanished alongwith a blank stamp paper signed by the complainant. This incident is alleged to be of 1st February, 2017 and the F.I.R. is registered on 17th June, 2017.

The applicants, aged about 38 years and 30 years respectively, claim to be in business of sale / purchase of vehicles. The applicants have stated that they are not involved in any other crime / offence. The application is opposed on the ground that custodial interrogation of the applicants is required to unearth certain information and to seize the stamp paper which is with the applicants.

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

In the event of arrest in connection with Crime No.215/2017 registered by the non-applicant, the applicants be released on bail on furnishing cash security of Rs.1,00,000/- (Rs. One Lakh) each and furnishing one solvent surety in the like amount for each of the

3 aba506.17 applicant.

The applicants shall attend the police station Ram Nagar, Gondia on every Thursday and Sunday between 1 p.m. to 2 p.m. till the charge-sheet is filed. The application is allowed in the above terms. JUDGE Tambaskar.