MP 1 BA1696_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1696 OF 2011 Jagannath Mahadu Bhoye ... Applicant Versus The State of Maharashtra ... Respondent Mr. R. D. Suryawanshi, Advocate for the Applicant. Smt. P. P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 15TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.94 of 2011 registered with Kalyan Taluka Police Station for the offences punishable under Sections 395, 397, 384, 427, 504 and 506 of the Indian Penal Code on a report lodged by one Sheshmani Ramanugrah Pandey who is a builder. 2. As per the F.I.R. lodged by Sheshmani R. Pandey, he and his family members are making construction on the property bearing Survey No.8, Hissa No.5 and the present applicant was demanding amount of Rs.20 lakh if the complainant wanted to carry on the work. The report was lodged on 30.07.2011 and the offence came to be registered. The learned Counsel for the applicant points out that since 2005 onwards there have been several complaints and civil litigations between the parties. The property belongs to the present applicant and he had given the development rights to one Bholashankar Dubey. Ijadya B. Irani and his family members also claimed rights over that property, and therefore, Regular Civil Suit No.467 of 2008 was filed by the present applicant and his family members against the said Ijadya Irani and others. Sheshmani Pandey claims to have taken Power of Attorney about the same property from Ijadya Irani. It appears that on a complaint filed by the present complainant, Municipal Corporation Kalyan-Dombivali had MP 2 BA1696_11 refused to sanction the construction plan prepared by the first informant Sheshmani Pandey and others. The record also reveals that the present applicant had also lodged a number of applications with police against Sheshmani Pandey making similar allegations about extortion of money, etc. but no action was taken against Sheshmani Pandey by the police. Record also reveals that in this very case, one Bholashankar Dubey was granted bail by this Court on 10.10.2011 taking into consideration the allegations made by the rival parties. 3. Taking into consideration the facts and circumstances noted above, the applicant be released on his executing P.R. of Rs.20,000 with one or two sureties with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)