1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO.4677 OF 2009 Khajabaksha Fakruddin Shaikh .... Applicant V/s The State of Maharashtra .... Respondent Mrs Majula Rao for the applicant. Mr. Y.M. Nakhwa, APP for the State. CORAM: V.M. KANADE, J. DATE : 3RD NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. An FIR has been lodged against the present applicant for the offence punishable under sections 420, 467, 468 read with section 34 of the Indian Penal Cod and section 52 of the Maharashtra Regional Town Planning Act. Admittedly, applicant is the owner of plot of land bearing Survey No. 939/1/2A. The applicant obtained N.A. Certificate in respect of the said land. While granting N.A. Certificate, the concerned 2 Officer imposed certain conditions and directed that certain plots of land may be kept open for the purpose of common amenities. It is the case of the complainant who is a Tahsildar of the said area that the applicant had sold these plots of land and, as a result, has deprived the other plot purchasers of the common amenities. 3. Counsel for the applicant submitted that none of the said persons for whom the said plots for common amenities were reserved, has filed any complaint against the present applicant. It is submitted that after the present applicant realized that the said plots were reserved for common amenities, he has repurchased the said plots of land. 4. Since, admittedly, no complaint has been filed by any of the plot purchasers, in my view, prima facie case is made out for grant of anticipatory bail. In any event, taking into consideration the allegations which are made against the present applicant, custodial interrogation of the applicant is not necessary. 5. Applicant, in the event of his arrest, be released on bail in the Sum of Rs 10,000/­ with one or two sureties in the 3 like amount. He shall, however, report to the concerned Police Station as and when called. 6. Application is disposed of. (V.M. KANADE, J.)