(1) CR.APP. 2267.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2267 OF 2009 Shrikant S/o Dattopant Deole, Age : 50 years, Occu.: Agri., R/o Gangakhed, District : Parbhani, At present R/o Shivaji Chowk, Latur .. Applicant Versus The State of Maharashtra, (Copy served on the Public Prosecutor, High Court Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicant Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 9TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 98 of 2009 of Gangakhed Police Station. The complainant alleged that the applicant sold him two plots of land in 2003 and had executed sale deeds etc. He said he was put in possession also. But recently, he learnt that the applicant sold the same plots to a third party. The complainant felt that he was cheated. (2) CR.APP. 2267.2009 2] The applicant apparently has no scope to deny the allegations. But the complainant’s grievance is not constituting an offence of cheating and forgery etc. In the facts of the case it could be the subsequent purchaser who could accuse the applicant of cheating because he would not get title to the plots despite of parting with consideration. The complainant’s rights to the plots in question remain intact even after the subsequent sale. This basic principle of law was ignored by the lower Court when it rejected the bail application. The complaint does not constitute an offence at all. 3] The applicant deserves anticipatory bail. In the event of his arrest in this case, he shall be released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 4] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/9july9/cr2267.09