IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.551 OF 2009 APPLICATION NO.551 OF 2009 APPLICATION NO.551 OF 2009 Ashok Damru Bhaddur Puri.. Applicant Vs. State of Maharashtra ... Respondents Mr.J.Shekhar i.b Shekhar & Co for Applicant Mr.S.S.Pednekar A.P.P.for Respondents CORAM CORAM CORAM : V.M.KANADE, J : V.M.KANADE, J : V.M.KANADE, J DATED DATED DATED : 9th : 9th : 9th February, 2009 February, 2009 February, 2009 P.C. P.C. P.C. 1. Heard learned counsel appearing on behalf of the applicant and A.P.P. for the State. 2. Admittedly, there is a dispute pending between the present applicant, the complainant and his partners. The complainant’s father admittedly did not get an order of injunction in his favour and thereafter the present complaint has been filed. It is submitted that the complaint has been filed to falsely implicate the present applicant in view of the dispute which is pending between the applicant and the father of the complainant. In my view, in view of the peculiar facts and circumstances of the case and more particularly since there is a civil dispute between the parties, possibility of false implication of the present applicant cannot ruled out. In any event 2 custodial interrogation of the applicant in my view, is not necessary since the only allegation is that he entered the house of the complainant and gave one blow with a stick on his head. Under these circumstances, he may be released on bail in the event of his arrest. 3. In the event of the applicant’s arrest in connection with C.R.No.9/2009 registered at Vimantal police station, Pune he shall be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station for a period of one week from 16.2.2009 between 11 a.m. to 5 p.m. and thereafter as and when called. The applicant shall not threaten the complainant or any other witnesses. If any complaint is received against the present applicant, the bail granted to the applicant shall be cancelled on an application being made by the police. Application is accordingly disposed of. { V.M.Kanade, J } V.M.Kanade, J } V.M.Kanade, J }