1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4174 OF 2009 1. Usman Dadamiya Mulani, 2. Jafar Dilawar Sayyed ...Applicants vs. The State of Maharashtra ...Respondent with CRIMINAL APPLICATION NO. 4817 OF 2009 1. Kaushik Navinchand Mulji, 2. Preetam @ Preet Navinchand Mulji, 3 Madhuri Navinchand Mulji ...Applicants vs. The State of Maharashtra ...Respondent CRIMINAL APPLICATION NO. 4821 OF 2009 1. Illiyas Ajij Motiwala, 2. Ajij Mohammad Motiwala ...Applicants vs. The State of Maharashtra ...Respondent Appearance in above matters :- Ms.Manjula Rao for the Applicants. Mr.Y.M.Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 24, 2009 2 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 An FIR is lodged against the present applicants for the offence punishable under Sections 420, 467, 468 read with 34 and Section 52 of the Maharashtra Regional Town Planning Act. 3 It is the case of the prosecution that the owner of the plot obtained NA Certificate in respect of the said plot and certain conditions were imposed by the authorities directing the owner of the plot to keep certain plots open for the purpose of public for common amenities and these plots also sold by the applicants. 4 Counsel for the applicants submitted that the after the complaint was filed by the Tahsildar, 3 the said plot which was reserved for common amenities had been repurchased and they are open to the public. 5 The learned APP was directed to verify this fact. He after taking instructions from the Investigating Officer has conceded that these plots have been repurchased and are reserved for common amenities. The other accused has been granted anticipatory bail by this Court by order dated 3rd November, 2009 in Criminal Application No.4677/2009. 6 The present applications, therefore, are allowed and in the event of their arrest, the applicants to be released on bail in the sum of Rs. 10,000/- each with one or two sureties each in the like amount. The applicants, however, shall report to the concerned police station as and when called. 7 The applications are disposed of. (V.M. KANADE, J.)