1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1308 OF 2010 Shri. Avinash Vitthalrao Randive and ors. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.M.S.Karnik for the Applicant. Smt. V.R.Bhosale, APP. for the State. Mr.N.R.Bubna for the original complainant. CORAM : R.S. MOHITE, J. DATE : 19th March, 2010 PC : 1 Heard all parties. 2 This is an application made by the applicant for grant of anticipatory bail. The applicants are shown as accused in C. R. No.124 of 2010 registered by Yerwada Police Station for alleged offences under Sections 420, 465, 467, 468,471 read with 34 of the I.P.C. The case of the complainant is that he is the owner of the plot 2 being Plot No.1 which was allotted in the name of his father. According to him, registered sale deed was kept with the earlier secretary of the society but that sale deed has been destroyed. The secretary of the society has offered his plot for development by passing illegal resolution and ignoring his rights in the property. The developer has therefore, commenced the development in pursuance of the agreement with the society. It is contended that the developer is cheating the complainant. It is also contended that the destruction of the sale deed and the entering into the void document with the developer, constitutes the commission of offence under Sections-465,467,468,471 read with 34 of the I.P.C. The entire argument is prima facie misconceived. In so far as developer is concerned, there is no contract between the developer and the present complainant. The record indicates that the complainant had filed a dispute in the co-operative court but the injunction which was initially 3 granted by the Co.operative Court, Pune was vacated by the Co.operative Appellate Tribunal and the said order has been confirmed up to the High Court. In this background, in my view, so far as present applicant is concerned, the investigation can proceed without custodial interrogation of the applicant. In the circumstances, application deserves to be allowed. It is directed that in the event of his arrest, in connection with C.R.No. 124/2010 registered by the Yerawada Police Station, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer as and when called by the Investigating Officer in writing. (R.S. MnOHITE, J.))