1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1765 OF 2009 Immacus P. Dias .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.S.G.Deshmukh i/b O.A.Siddiqui for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Mr.A.A.Siddique for the original complainant. Coram : D.B. BHOSALE, J. Dated : 10TH JULY, 2009 P.C. Heard learned counsel for the parties and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.33 of 2009 of Chembur Police Station. The crime has been registered against the applicant for having allegedly committed an offence punishable under sections 465, 467, 468, 471 r/w 406 and 420 of IPC. 3. On 28.4.2009 the following order was passed: “2. The applicant is a developer. It appears that he entered into an agreement with the complainant and her other relatives for development of the property, which was in their 2 possession at the relevant time. As per the agreement, the applicant was supposed to give possession of three flats, admeasuring 500 sq. ft. each to the complainant and her relatives. It appears that there are proceedings/litigations pending between the parties in the City Civil Court, Mumbai. The applicant had, after entering into an agreement in 1997 with the complainant and others, demolished the cottage, which the complainant and her relatives were in possession of, and constructed a five-storeyed building consisting of ten flats. Out of the ten flats the applicant has disposed of five flats in the market. Insofar as the three flats which were meant for the complainant and her relatives, are concerned, the applicant has put third parties in possession thereof. Mr.Siddiqui, on instructions, submits that the applicant shall get all the three flats vacated on or before 31.5.2009 and shall kep keys of all the three vacant flats present in the court on the next date of hearing. He made such statement on instructions from the applicant, who is present in the court. His statement is accepted. In view of the statement, this application to come up for hearing on 10.6.2009. Interim protection, granted earlier, to continue till then. ” 4. Today Mr.Deshmukh, learned counsel for the applicant submits that the applicant is present in the court with the keys 3 of all the three flats. He further submits that insofar as the original documents are concerned, most of them are already produced on record in S.C.Suit No.2516 of 2008 and/or handed over to the police. He submits that the original power of attorney dated 24.10.1997 and the development agreement dated 27.10.1997 is with the applicant and he is prepared to hand them over to the investigating officer within a period of one week from today. His statement is accepted. In the circumstances Mr.Deshmukh submits that the custodial interrogation of the applicant is not necessary. In view of the submissions/statements made by Mr.Deshmukh, learned counsel for the applicant, I am satisfied that the following order shall meet the ends of justice: In the event of arrest, applicant be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to the conditions incorporated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant shall report to the concerned police station on every Wednesday and Saturday between 10 am and 12 noon for a period of two months from today and thereafter as and when called. The applicant is directed deposit the keys of all the three flats in the City Civil Court, where S.C Suit No.2516 of 2008 filed by the complainant is pending, within a period of one week 4 from today. The applicant shall not create third party rights or put any other person in possession thereof and shall keep all the three flats vacant till appropriate order is passed by the City Civil Court in the suit or the motion taken out in the suit. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)