1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO.5117 OF 2009 Mr Iqbal Mohammed Shaikh ... Applicant. V/s State of Maharashtra ... Respondent. Mr. Prakash Naik for the applicant. Mrs. M.R. Tidake, APP for the State. CORAM: V.M. KANADE, J. DATE : 23RD NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. A complaint is filed against the present applicant in which it is alleged that the complainant had purchased a flat No. 102 situated in Poonam Society, Yarrey Road, Andheri, Mumbai from the applicant herein and that she stayed there alongwith her family from 2001 to 2007 and, thereafter, she went to Uttar Pradesh with her family and requested the licensee who was put in possession by her to look after the said premises. According 2 to her, in June 2008 she returned to Mumbai and came to know that the said flat was locked and it was sold to one Furniturewala. When she made inquiries with the said Furniturewala, he informed her that the said flat was purchased by him from the present applicant by paying an amount of Rs 4,75,000/-. 3. Counsel for the applicant submitted that the complaint has been lodged almost after 13 months. He also invited my attention to the certificate which was issued by the Society in which it is stated that the flat, initially, was in the name of applicant till 5/5/2008 and, thereafter, it was transferred in favour of one Iqbal A. Sattar Furniturewala and he is in possession of the said flat. In the complaint also, no particulars are given by the complainant as to when she purchased the said property and whether the said agreement was registered with the Sub-Registrar of Mumbai. In view of these facts, it does appear that the dispute, essentially, is a civil dispute between the parties and, belatedly, criminal complaint is filed by the complainant against the present applicant. Applicant, therefore, has made out a prima facie case for grant of anticipatory bail. 4. Applicant, therefore, in the event of his arrest in 3 connection with C.R. No.228 of 2008 registered with the Versova Police Station for the offence punishable under sections 420, 341, 448, 454, 380 read with section 34 of the Indian Penal Code, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station as and when called. 5. Application is disposed of. (V.M. KANADE, J.)