IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1106 OF 2009 CRIMINAL APPLICATION NO. 1106 OF 2009 CRIMINAL APPLICATION NO. 1106 OF 2009 1. Bakhtyar Ibrahim Tanksal, 2. Nasir Ibrahim Tanksal ...Applicants (Orig.Accd.Nos.1 & 2) vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants have an apprehension that they are likely to be arrested in connection with an offence punishable under Sections 394 read with 34 of the IPC registered vide C.R.No.29/2009 at Solapur Taluka Police Station, Solapur. 3. There is a dispute between the applicants and the complainant since four years in respect of a particular piece of land. A complaint has been lodged - 2 - against the present applicants alleging that they had taken away Rs.2000/- from him and also one sheep. 4. Taking into consideration the nature of allegations which are made against the present applicants and the fact that there is civil dispute between the parties which is pending in the court for a long period of time, possibility of a false complaint being filed by the complainant cannot be ruled out. Looking at the nature of the complaint, prima facie, it appears that Section 394 has not been made out. Hence, in my view, custodial interrogation of the applicants is not necessary 5. The applicants, in the event of their arrest, in connection with C.R.No.29/2009 which is registered under Section 394 read with 34 of the IPC, be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. 6. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)