1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.395 OF 2010 1. Rupchand Dipchand Khairnar, Age-75 years, Occu-Pensioner, 2. Sumanbai Rupchand Khairnar, Age-64 years, Occu-Pensioner, 3. Sunil Rupchand Khairnar, Age-44 years, Occu-Service, All R/o.Dhamnar, Tq.Sakri, Dist. Dhule APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterjee, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 29/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.M-3/08 registered in Sakri Police Station, Dist. Dhule. 2 2. Heard learned counsel for applicants, followed by the submissions of learned APP for State. Also perused the papers of investigation. 3. Considering the submissions across the bar, it appears that there is long standing dispute about the ancestral properties of applicant no.1 and the original complainant. It appears that initially the dispute arose about the mutation entries effected in the revenue record alleged as per the complaint at the instance of present applicant no.1. This long standing revenue dispute ended in the writ petition filed before this Court wherein it is observed that the parties to settle their rights by filing appropriate civil proceedings. It further appears that after these long standing battle was nearabout over, but before the writ was filed before this Court, civil suit was filed by the complainant before the Civil Judge J.D. Sakri to which the applicants are parties. It is for the declaration of title and for consequential reliefs. All the allegations against the present applicants in the criminal complaint wherein initially “C” summary was granted, but later on investigation handed over to the L.C.B. appears that all those allegations are also the subject matter of the civil dispute, which is pending before the competent civil court. Considering the nature of the dispute between the parties, which is yet to reach the finality and considering the age of applicant no.1 and 2, it is not proper for their custodial interrogation. Case is made out to exercise the discretion u/s. 438 of The Cr.P.C. In the premise, following order : 3 O R D E R 1. Application is allowed. 2. In the event of arrest of applicants in CR No.M-03/2008, registered in Sakri Police Station of Dist. Dhule, applicants be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the PR bond in the like amount. 3. This protection is granted till the investigation is over and charge sheet to be filed. Thereafter the applicants may apply for regular bail, if they so desire and advised. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.395-10