1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4862 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.R. Varma i/b Mr. A.M. Saraogi for the applicant. Mr. B.R. Maurya for the original complainant. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 13TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with MECR No. 13 of 2009 registered at Worli Police Station. 3. The F.I.R. has been registered in consequence of an order passed under section 156(3) of Cr.P.C. by the learned Additional Chief 2 Metropolitan Magistrate. 4. It appears that there is a civil dispute between the parties. A deed of assignment was executed by the applicant in favour of the company of the original complainant in January 2008. There were some disputes. Legal notice was sent by the complainant demanding a sum of Rs.1 crore. Notice also threatened to revoke the deed of assignment unless the amount of Rs.1 crore, allegedly due, was paid. Complaint has been filed before the Magistrate alleging that the applicant is threatening the respondent for extortion of Rs.1 crore. That is the disputed sum, in respect of which legal notice has already been issued. That claim does not prima facie appear to be an extortion, but an assertion of alleged legal right. 5. In the facts and circumstances of the present case, in my view, the applicant is entitled to a pre-arrest bail. Hence, I pass the 3 following order: ORDER In the event of the arrest of the applicant in connection with MECR No.13 of 2009 registered at Worli Police Station, the applicant be released on bail on personal bond of Rs.50,000/- with 2-3 sureties to make up the total amount of Rs.50,000/-, subject to the condition that the applicant shall cooperate with the investigation and attend the police station for interrogation as and when summoned by the police. The applicant is permitted to furnish cash security in lieu of the sureties for a period of 2 weeks. (D.G. KARNIK, J.)