* 1 * ABA. 611.2011 11.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 611 OF 2011 Shri. Rajiv Ramesh Mantri .... Applicant V/S. The State of Maharashtra & Ors. ....Respondents Mr. A.H.H. Ponda, Advocate for the applicant. Mrs. G.P. Mulekar, APP for the State. CORAM :- Smt. R.P. SondurBaldota, J. 11th August, 2011. P.C. :- 1. This is a second application for anticipatory bail by the applicant, his first application having been dismissed by the Sessions Court by its order dated 13th June, 2011. The only reason for rejection of the application was that the power of attorney executed in the year 2007 by the mother of the applicant in his favour and notarised by Advocate Bansal was yet to be seized. It has been the contention of the applicant that this power of attorney was given to the purchaser of the property * 2 * ABA. 611.2011 11.8.2011 one Chandrakant Janu Shirshikar. The police have since recorded the statement of the purchaser. In his statement recorded on 8th August, 2011 the purchaser admits that he had purchased the property owned by the applicant and his mother on 22nd January, 2007 for the total consideration of Rs.7,00,000/-. At that time, the applicant had handed over two documents of power of attorney to the purchaser, one executed in the year 2004 and another executed in the year 2007. The transaction of sale has taken place on the basis of the power of attorney executed in the year 2007. The purchaser states that the power of attorney executed in the year 2004 had been returned to the vendor and that the power of attorney of the year 2007 has been lost by him. Thus, the only ground refusing anticipatory bail to the applicant is no more available. In any case, the dispute in the complaint is essentially a civil dispute. It is a dispute between brothers over family property. Hence, the following order. 2. In the event of the arrest of the applicant in C.R. No. 48 of 2011 registered with Alibaug Police * 3 * ABA. 611.2011 11.8.2011 Station, he be released on bail in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount. The applicant to attend Alibaug Police Station between 11.00 a.m. to 2.00 p.m. on 17th August, 2011 and thereafter as and when called. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the trial Court. [SMT. R.P. SONDURBALDOTA, J] * 4 * ABA. 611.2011 11.8.2011