* 1 * Cri.Appln-3809/2010 Cri.Appln-3825/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3809 OF 2010 Zarin Minoo Cooper .......Applicant V/S. The State of Maharashtra .........Respondent * * * * Mr. A.A. Kumbhakoni, Senior Counsel i/by. Mr. Subodh Desai, Advocate for the applicant. Mrs. P.H. Kantharia, APP for the respondent-State. W I T H CRIMINAL APPLICATION NO. 3825 OF 2010 Ravindra Haribhau Kad and anr ....Applicant V/S. The State of Maharashtra ....Respondent * * * * * Mr. M.K. Kocharekar, Advocate for the applicant. Mrs. P.H. Kantharia, APP for the respondent-State. Coram : Smt. R.P. SondurBaldota, J. 15 September, 2010. P.C. : * 2 * Cri.Appln-3809/2010 Cri.Appln-3825/2010 1. This is a common order on the above two applications for anticipatory bail. The applicants in both the applications apprehend their arrest in C.R. No.290 of 2010 registered with Loni-Kalbhor Police Station for the offences punishable under Sections 420, 468, 471, 504, 506 read with Section 34 Indian Penal Code. 2. It is the case of the complainant that by the Memorandum of Understanding dated 18th December, 2006 executed between M/s. Neptune Developers Private Limited, the builders and M/s. Cooper & Associates, a partnership firm of which the applicants are allegedly the three partners, it was agreed that the firm shall act as an agent of the builders, to acquire lands in and around Pune. The total area of the land to be acquired is not specified in the Memorandum of Understanding. The complaint, however, alleges that the firm was to acquire 400 acres contiguous land for the builders. According to the complaint, the brokerage charges of the agent to be paid were of Rs.8,00,000/- per acre and the price for the land to be paid, irrespective of its location, quality and the type, was Rs.50,00,000/- per acre. As per the Memorandum of Understanding, the applicants had been paid a sum of Rs.3 crores at the time of * 3 * Cri.Appln-3809/2010 Cri.Appln-3825/2010 signing of the MOU, whereas, as per the complaint to the police a sum of only Rs.1 crore was paid at the time of execution of the MOU. The amount of Rs.2 crores was paid subsequently. The amount of Rs.3 crores as per the complaint is paid not to the partnership firm but to Mr. Zarir Cooper, the applicant in Criminal Application No. 3809 of 2010. 3. Perusal of the complaint, copy of which is annexed to the application, shows that, the complaint made therein is essentially of civil nature to which colour of criminal proceedings is being given. It is alleged that though the applicants agreed to acquire contiguous land admeasuring 400 acres, they actually purchased and acquired land admeasuring only 84 acres and received a sum of Rs. 16,15,33,448/- from the complainant. The complaint also mentions that out of 84 acres, land admeasuring 16 acres had already been sold earlier to third persons and that a false title report of Advocate U.K. Tadphale dated 28th February, 2009 was submitted by the applicants to the builders. Advocate U.K. Tadphale is reported to have died on 18th October, 2007. Undisputedly, the complainant has acquired atleast 68 acres of land through the applicants. The value * 4 * Cri.Appln-3809/2010 Cri.Appln-3825/2010 of the land acquired as per the complainant’s own case would be of Rs.34 crores i.e. much more than the amount allegedly paid to the applicants. 4. Mr. Kumbhakoni, the learned Senior Counsel for the applicants, submits that considering the nature of the documents relied upon by the complainant in all probability the complainant is not likely to get any relief from the civil court and therefore criminal colour is being given to the entire dispute. There is substance in the argument advanced. Further, the affidavit-in-reply states that the entire documents relating to the complaint are already in possession of the complainant. In that case, there is hardly any need for custodial interrogation of the applicants. 5. Hence, the applications are allowed. In the event of the arrest of the applicants in C.R. No. C.R. No.290 of 2010 registered with Loni-Kalbhor Police Station, they be released on furnishing P.R. Bonds of Rs.40,000/- each (Rs. Forty Thousand only) with one surety in the like amount. [Smt. R.P. SondurBaldota, J]