1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 521 OF 2009 Prakash S/o. Kachruji More ..... Applicant. V/s The State of Maharashtra & Anr. ...... Respondents. Ms. Rebecca Gonsalvez for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 12th March, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant apprehends arrest in connection with the complaint filed by the wife of Rafiq Gani Shaikh which is registered vide C.R. No.I-138 of 2008 at Nandgaon Police Station for the offence punishable under sections 452, 363, 342, 323 read with section 34 of the Indian Penal Code. 3. Applicant is a labour supplier and he provides labour to sugar factories during sugar cutting season. He had entered into the said contract with the complainant's husband Rafiq Gani Shaikh who had given assurance that he would provide labour for the said sugarcane cutting season for the period 2008-2009. Accordingly, an agreement was executed 2 between the applicant and the complainant's husband Rafiq Gani Shaikh and an advance amount of Rs 2,55,000/- was paid by the applicant to the said Rafiq Gani Shaikh. However, the said Shaikh failed to provide labour as assured by him in the written agreement and, therefore, the applicant demanded return of the said amount from him. It is submitted that, as a counter- blast, the said Rafiq Gani Shaikh filed a cross complaint though his wife, stating therein that on 14/12/2008, the applicant alongwith some other persons came to his house, demanded the advanced amount and when it was not paid, her husband Rafiq Gani Shaikh was taken away in their car and 2 to 3 days thereafter he was released. A complaint was lodged by his wife on 14/12/2008. The statements of his neighbours were recorded. 4. Counsel for the applicant submitted that disputes between the parties is essentially a civil dispute and a false complaint has been filed against the present applicant since the applicant had demanded return of the advanced amount for non-performance of the contract executed between the parties. It is submitted that the said Rafiq Gani Shaikh had, on other occasions also, made similar false allegations. Counsel for the applicant invited my attention to the agreement executed by the said Shaikh with another sugar factory viz. Anuradha Sugar Mills, Warud (Dhad). She pointed out that in the said agreement also, an advance amount was paid. However, the said Shaikh did not provide 3 labour as agreed in the said agreement and also, thereafter, gave a cheque which was dishonoured and, therefore, a statutory notice was sent to the said Shaikh. The learned Counsel submitted that in reply to the said notice, in paragraphs 5 and 9, the said Shaikh also had made similar identical allegations. Counsel for the applicant, therefore, submitted that the complainant's husband was in a habit of filing false complaints after accepting the advance amount from various parties. 5. The learned APP appearing on behalf of the State submitted that the neighbours of the complainant also had given similar statements as that of the complainant. 6. In my view, looking at the conduct of the complainant's husband, there is every possibility that the said complaint may have been filed as a counter- blast to the breach of promise given by him. The documents which are annexed to the application also indicates that in similar circumstances similar false allegations were made by him, after having received the advance amount from other parties. In any event, in my view, custodial interrogation of the applicant is not necessary. The said complainant's husband Rafiq Gani Shaikh was not injured in any manner. The other offences in the said complaint are bailable offences. The only offence of criminal house trespass is non-bailable. Even otherwise, custodial interrogation of the applicant is not necessary. Under these circumstances, applicant is entitled to be 4 released on bail in the event of his arrest. 7. Applicant, therefore, in the event of his arrest in C.R. No.I-138/2008 registered at Nandgaon Police Station for the offence punishable under sections 452, 363, 342, 323, read with section 34 of the Indian Penal Code, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall cooperate with the police and shall attend the Police Station as and when called. 8. Application is disposed of. (V.M. KANADE, J.)