IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 715/2009 (Sheikh Umar Sheikh Hasan & 2 others ..vs.. STate of Mah - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 30th JUNE, 2009 Heard Shri Pathan, advocate for the applicants and Shri Mandpe APP for state. This is an application under section 438 of Cr.P.C. for grant of pre-arrest bail. Interim order was passed by this court on 9.4.2009. The offence registered against the applicants is under section 420 r/w 34 of IPC. Allegations that they have transferred the mortgaged property to cheat the Bank According to learned APP amount of rupees sixteen lacks is due from the applicants and the amount is to be recovered. Learned counsel for the applicants has pointed out that the property is mortgaged and is now put to auction by bank concerned and the amount is sought to be recovered by auction sale of the property and hence according to him the matter is of civil nature and so the applicants’ interim anticipatory bail should be confirmed. Considering the facts of the case it is revealed that the relevant property is now sought to be put for auction sale for recovery of the amount. In these circumstances, dispute between the parties seems to be of civil nature. Of course this is a prima facie view. But then interim order needs to be confirmed. As such following order: In the event of arrest of the applicants for the offences punishable under section 420 read with section 34 of I. P. C., registered by Police Station Kholapuri Gate, Amravati each of them be released on bail of Rs.25000/- with one surety in the like amount & P.R.B., subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall attend P.S. Kholapuri Gate, Amravati as and when directed by I.O. for the purposes of investigation. It is made clear that the respondent shall be at liberty to move for cancellation if the circumstances so warrant. As regard order regarding furnishing security within 7 days from 9.4.2009, it is not complied, as the applicants were unable to manage the security against the property mortgaged. As now the property in question is put to auction sale, such condition need not be imposed. Application stands disposed of. JUDGE SMP