(1) CR.APP. 1727.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1727 OF 2009 1] Syed Rashid s/o Syed Bashir, Age: 31 years, Occu.: Immam of Masjid, R/o Thergaon, Tq. Paithan, Dist. Aurangabad at present House No. 7-2-7/1, Kaziwada, Aurangabad 2] Syed Shabir S/o Syed Sardar, Age: 34 years, Occu.: Agri., R/o Thergaon, Tq. Paithan, District-Aurangabad .. Applicants Versus 1] The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) 2] The Deputy Superintendent of Police, Paithan, Dist. Aurangabad .. Respondents Mr. R.S. Shinde, Advocate for the Applicants Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 2ND JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory (2) CR.APP. 1727.2009 bail in crime no. 38 of 2009 dated 16.3.2009 registered at Pachod Police Station, Dist. Aurangabad. The offences punishable under section 436, 452, 427, 323, 504, 506 and 34 of the Indian Penal Code are alleged against the applicants and others. 2] The applicants, it is alleged that on 16.3.2009 at about 4:00 am attacked the complainant’s house. They first pulled the complainant and his family members out of their house and assaulted them. They thereafter, set the complainant’s house on fire. The complainant stated that this incident was witnessed by as many as eight residents of his village Thergaon, Tq. Paithan. 3] No doubt, certain articles and part of the house which was made of straw walls got damaged due to the alleged arson, but there is certainly an element of falsehood in the complaint. The complainant and the applicants are engaged in a long drawn civil dispute since 2003. The applicants are in possession of certain land of village Thergaon and the complainant is trying to get possession of the said land back. The peculiar feature of the complaint is that the names which are mentioned in the complaint as witnesses to the incident, are also the complainant’s witnesses in the civil litigation. As said above, there is an element of false (3) CR.APP. 1727.2009 implication in the complaint and so I am inclined to release the applicants on anticipatory bail. 4] In the event of the applicants’ arrest in this case, they shall be released on bail of Rs.5000/- (Rs. Five Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/2july9/cr1727.09