1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3240/2009. (1.Jagdish Yadunandan Chawada and Ors. Vs. The State of Maharashtra and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NS Ghanekar, Adv. for applicants; Mr.SG Nandedkar, APP for Resp.Nos. 1 and 2; Mr.Joydeep Chaterji, Adv. for Resp.No.3 ___ CORAM : K.U.CHANDIWAL, J. DATE : 14 th October,2009. 1. Heard learned Counsel for respective parties. 2. The accused/applicants seek prearrest bail in Crime No.I-181/2009 registered at Osmanpura Police Station, Aurangabad for an offence under Sections 392, 323, 504, 506 and 34 of IPC. 3. The learned APP and the Counsel for the original complainant indicate that though the matter appears to be of property dispute, but the fact that there was specific role played by the accused nos. 1 and 2 and the gold chain 2 was snatched, custodial interrogation is imperative and hence discretion need not be exercised. 4. The controversy between the brothers over rights in immovable property lead, indeed to the allegations inviting infraction of Sections 392, 323 of IPC. The accused/applicants are, as stated earlier, brother and least chances of their absconding. So far as gold chain, to which reference is given, can be attended to by the Investigator by making an inquiry with the accused/applicants, for which, custodial interrogation by itself will not be a sole criterion. The parties having controversies over the immovable property lean more as a ruse to invite criminal prosecution. In the situation, following order- 5. In the event of arrest of the accused/applicants nos. 1, 2 and 3, they be released on each furnishing PR bond and surety in the sum of Rs.15,000/- 3 (Rupees fifteen thousand) till charge sheet. 6. The accused/applicant nos. 1 and 2 shall attend the concerned Investigator on every Sunday between 3.00 p.m. to 7.00 p.m. till charge sheet. 7. The accused/applicants shall not coerce the witnesses concerned in the matter. 8. Criminal Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/cran3240.09