IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3225 OF 2009 Vasant Baburao Chaudhari Balu Babu Chaudhari . ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Sandeep S. Salunkhe, Adv. for the applicants. Mrs.P.P.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 11th Sept., 2009. PC: This application is moved under section 438 of Criminal Procedure Code seeking anticipatory bail. The applicant No.1 is the head master of Mahatma Gandhi Vidyalaya, Penur and in the past he had been Sarpanch of the village. The applicants and the complainant are having agricultural lands adjacent to one another. There is dispute pending in civil court between the applicants and the complainant touching right over the approach road to the agricultural fields. Civil suit has been filed by the applicants so also the complainant. Crime No.212/09 came to be registered at Mohol police station for the offence punishable under section 395 of IPC. It is stated in the complaint that there is dispute between the complainant and the present applicants/accused and suits against each other are pending in civil court. It is then stated that when the complainant was operating tractor on 5.6.2009 the applicant No.2 came there followed by his son, nephew and uncle and they started assaulting brother of the complainant. During the scuffle the complainant’s shirt pocket was torn and it is alleged that a sum of Rs.1300/- consisting of two notes of 1 Rs.500/- denomination and three notes of Rs.100/- denomination were taken by the present applicant No.1. The applicant No.1 is getting monthly salary of more than Rs.25000/- he being head master of school and in the submission of the learned counsel for the applicants that part of the complaint which refers to snatching of Rs.1300/- is aimed at aggravating the offence. It is also submitted that the applicants are innocent and no amount was snatched from the complainant. The complaint is stated to have been filed because of enmity over the dispute pertaining to the agricultural lands. This Court had by an interim order dated 21.7.09 granted interim protection to the applicants. The applicants were directed to attend concerned police station daily for a period of two weeks. The applicants have attended the concerned police station and during the said period are interrogated. In that view of the matter I am inclined to allow the present application. In the result application is allowed. In the event of arrest of the applicants-Vasant Baburao Chaudhari and Balu Babu Chaudhari in CR No.212/09 they or any of them shall be released on bail on furnishing personal bond in the sum of Rs.25,000/- each with one or two sureties each in the like amount. The applicants shall abide by conditions stipulated under section 438(2) of Criminal Procedure Code. The applicants shall attend the Mohol police station once in fortnight on Saturday till filing of the charge sheet. Application stands disposed of. 11.9.2009. 2