abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3901 OF 2007 Ayub Maqbul Hawaldar .. Applicant V/s State of Maharashtra .. Respondent Mr.Pratap Patil for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks bail under section 438 of the Cr.P.C. in connection with the offence registered with Islampur Police Station, District Sangli under C.R. No.136/2007 punishable under sections 143, 147, 148, 149, 452, 386, 323, 504 and 506 of the Indian Penal Code. 3. Firstly, there is a considerable delay in - 2 - lodging the FIR. The allegation is that the offence was committed on 4th September 2007 while the FIR was lodged on 20th September 2007. Secondly, there is no allegation that the applicant was present at the time of the incident. The dispute is alleged to be arising out of a house property in possession of the complainant. It is alleged that the house was purchased by Jaywant Patil in the name of the applicant and Jaywant Patil wanted the complainant to vacate the house and, therefore, at the instance of Jaywant Patil, 5-6 persons entered the house and assaulted the complainant. The applicant is not named as a member of the assaulting party nor is likely to be the beneficiary as even according to the complainant, the house was purchased by Jaywant Patil as benami and Jaywant Patil wanted the house to be vacated. 4. Taking into consideration the aforesaid facts, the applicant is entitled to anticipatory bail. Hence, I pass the following order:- ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the offence mentioned above, he shall be released on bail on executing personal bond of Rs.30,000/- with two sureties of Rs.15,000/- each - 3 - subject to the following conditions:- (a) The applicant shall cooperate with the investigation and attend the concerned police station as and when summoned by the police. (b) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (c) This order shall come to an end on the charge sheet being filed whereupon the applicant shall be entitled to apply for regular bail before the regular court. If such application is made, it shall be considered on its own merits without being influenced by any of the observations made in this order. (D.G. KARNIK, J.)