{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3819 OF 2009 Maharudra Balasaheb Nagargoje Age-55 years, Occ-Ex-Mility Man R/o Jaiwantnagar, Tq-Bhoom Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra Through Police Station, Bhoom Dist-Osmanabad RESPONDENT ....... Mr.B.R.Jaybhay, Advocate for applicant Mrs.Y.M.Kshirsagar, APP for the State Mr.K.B.Jadhavar, Advocate assisting to APP ....... [CORAM : A.V.POTDAR, J.] DATE: 20th November 2009 PER COURT: 1. By the present application, the applicant is praying to release him on anticipatory bail in the event of his arrest in connection with CR No.03/2009 registered with Bhoom police station for an offence punishable u/s 379 read with 34 of the IPC. 2. Heard learned counsel for the applicant followed by the {2} submission of learned APP and learned counsel appearing for the original complainant, who is assisting the APP. 3. Papers of investigation as well as documents annexed with the application show that the complaint was lodged by one Gokul Manikrao Nagargoje that his car Indica MH-25/B732 is stolen by the applicant and his son. Initially, a private complaint was lodged, in which order of investigation was passed. 4. Considering the documents, which are annexed with this application, it appears that there was an agreement executed between this applicant and Gokul Manikrao Nagargoje, complainant on 02.06.2009. Internal page 3, unnumbered para 2 shows that on the date of the agreement, possession of the said car was handed over to the applicant by Manikrao Nagargoje. Signature of the original complainant on the application filed in this Court seeking permission to assist the APP below the verification tallies with the signature of the complainant on the agreement to sale executed between the complainant and the present applicant. If it is so, the possession of the car in dispute, which is alleged as stolen, was given under the agreement to the applicant in the month of June 2009 while the alleged offence of theft is lodged in October 2009. It appears from the submissions and documents that there must be a civil dispute between the parties and to settle that civil dispute, in respect of handing over of possession of the car, the compliant is lodged wherein the {3} applicant appears to be implicated. In the premise, case is made out to enlarge the applicant on anticipatory bail in the event of his arrest. 5. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.3/2009 registered with Bhoom police station, he be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. This protection is granted for a period of 6 weeks within mean time the applicant may apply for regular bail before the competent court of law. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3819-09