IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1083 OF 2009 CRIMINAL APPLICATION NO. 1083 OF 2009 CRIMINAL APPLICATION NO. 1083 OF 2009 1. Sanjay Badrinath Pardeshi, 2. Rajendra Badrinath Pardeshi ...Applicants (Orig.Accused 1 & 2) vs. The State of Maharashtra ...Respondent Mr.Anilkumar K. Patil for the Applicants. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 DATED : MARCH 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants. 2. Both the applicants are real brothers of Mamata Shahu who is the married sister of the applicants. She had filed a private complaint before the JMFC, Malegaon on 3rd January, 2009 for the offences punishable under Sections 415, 420, 463, 464, 465, 466, 467, 468, 471 read with 34 of the IPC. The Sessions Court has declined to grant anticipatory bail. 3. I have heard the Counsel for the applicants. The dispute between the parties is in respect of the properties of their father who expired on 3rd March, 2005. A civil dispute is pending before the Civil - 2 - Judge, Senior Division, Malegaon, and also initially RTS proceedings were filed before the revenue authorities. The status quo order has been passed in favour of the present applicants. Thereafter, the present complaint has been filed. There is a Partition Deed executed by the father of the present applicants. It is alleged that the said Partition Deed is forged and fabricated. Since the civil dispute is already pending in the civil court and dispute pertains to documents, in my view, custodial interrogation of the applicants is not necessary. 4. The applicants, therefore, in the event of their arrest in connection with C.R.No.I-53/2009 registered at Taluka Police Station, Malegaon, District Nashik, for the aforesaid offences, be released on bail in the sum of Rs.10,000/- each with one or two sureties in the like amount. They shall, however, report to the concerned police station for a period of five days from 16th March, 2009 from 11 a.m. to 2 p.m. and thereafter, as and when called. - 3 - 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)