(1) CRI. APLN. 4521.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4521 OF 2010 Basavraj S/o Virpaksha Patil, Age : 50 years, Occu.: Business, R/o Plot No.86, Industrial Area, Opp.: Indian Oil, Shahabad Road, Gulbarga APPLICANT VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Osmanabad, Tq. and Dist. Osmanabad (Copy to be served for respondent no.1 and 2 on P.P. High Court of Bombay, Bench at Aurangabad) RESPONDENT ..... Mr. N.C. Garud, Advocate for the Applicant. Mr. D.V. Tele, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 8TH DECEMBER, 2010 ORAL ORDER:- 1. By this Application, the applicant is seeking anticipatory bail. 2. Heard learned Advocate and learned A.P.P. 3. The applicant laid a cable wire in accordance with contract between himself and (2) CRI. APLN. 4521.2010 M/s.Reliance Communication Ltd. There arose dispute regarding payment in pursuance to the terms of the contract. Allegedly, the applicant thereafter damaged the underground cable wire, probably in order to make it unusable for benefit of mobile company. 4. Considering the recitals of the F.I.R. and the relevant documents, it prima facie appears that the main dispute is regarding the amount which the applicant claimed and the amount which M/s. Reliance Communication Ltd. found due. The applicant is said to have committed theft of the cable wire. The entire incident is outcome of the financial dispute. The arrest of the applicant is not essential for investigation of the alleged crime. It would suffice therefore that presence of the applicant with the Police for temporary custody and for interrogation and investigation will be appropriate step to be taken. It is well settled that the arrest of a person is the last resort and ordinarily, the Police may conduct the investigation without arrest in such a matter which emanates from the contractual dispute or financial dispute. (3) CRI. APLN. 4521.2010 5. In the result, the Application is allowed. The applicant is directed to be released on bail, in the event of arrest, on furnishing of bail bonds in sum of Rs.15,000/- (Rs.Fifteen Thousand) before the Arresting Officer and on further condition that he shall attend the concerned Police Station on each Saturday between 10.00 am. to 2.00 pm. and shall actively co-operate with the Investigating Officer during the course of investigation. He shall so attend the Police Station for four weeks or till filing of the final report, whichever is earlier. The direction to come in effect with immediate effect from ensuing Saturday. 6. Parties may act on a copy of this order, duly authenticated by the Court Sheristedar. Sd/- [V. R. KINGAONKAR, J.] arp