1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.1761 OF 2010 M/s Jagannath Parmeshwar Mills Pvt. Ltd. ..Applicant. v/s. Mr. Waman Lukha Jadhav and Ors. ..Respondents. AND CRIMINAL APPLICATION NO.1762 OF 2010 M/s Jagannath Parmeshwar Mills Pvt. Ltd. ...Applicant. v/s. Suresh Babu Shinde and Ors. ...Respondents. Mr. V.V.Purwant , adv. For the Applicant. None For the Respondents. (in Appln. No.1761/2010) Shri P.B.Naiknaware, adv. For the R.Nos.1 to 4. (in Appln. No.1762/2010) Shri Y.S.Shinde, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : AUGUST 23 , 2011. P.C. 1 Heard the learned counsel for the parties. Perused the impugned order. 2 Application is filed for cancellation of anticipatory bail granted to the respondent nos.1 to 4 by the learned Additional Sessions Judge, Thane in M.C.R. No.10 of 2009 registered at Padgha police station Bhiwandi for the offences punishable under Sections 406, 420 2 r/w Section 34 of the I.P.C. on the basis of complaint filed by the present applicant, who is original complainant. According to the applicant, they had purchased the property by paying a huge amount of Rs.84,50,000/- and having received the amount, accused/respondents are trying to dispose off the property in favour of some other person. It appears that long before complaint was filed by the applicant, respondents had filed civil suit about the same property contending that on the basis of fake and forged power of attorney, applicant/complainant had secured sale deed executed from some third person. That sale deed and the power of attorney were sought to be set aside by filing that suit. Admittedly, sale deed in favour of the complainant was not executed by any of the accused persons but by somebody claiming to be power of attorney holder. It appears to be purely civil dispute and as counter blast of that civil suit filed by the respondents, this complaint was filed. 3 Taking into consideration the circumstances, it is not case where the custodial interrogation of the accused was required nor it is necessary to keep them in the custody pending the criminal case. 4 Therefore, these applications stand rejected. (J.H. BHATIA,J.)