1 ABA 919 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.919 OF 2011 1. Nitin Nagarji Mehta 2. Vinay Nagarji Mehta .. Applicants. -versus The State of Maharashtra .. Respondent. Mrs. Mallika A. Ingale, for the applicants. Mrs. S. V. Sonawane, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 11th November, 2011 P.C. 1. This is an application for anticipatory bail by two persons, who run construction company by name Anamica Real Estate which was to construct a building named as Benzar Tower. The first informant's grand father had booked a the flat in said Benzar tower, which the grand daughter found to have been sold to someone else and therefore, she gave a report to the police. It is the applicants' case that the first informant's grand father was in fact in money lending business and used to advance sums to the applicants. Since he did not have a license, he took allotment letter in respect of the said flat as security. Learned counsel for the applicants 2 ABA 919 OF 2011 states that the price of flat as per allotment letter was to be only Rs.8,28,750/- which was to be paid as construction proceeded. However, the construction was held up because of some stay. Since the the first informant's grand father was in fact not interested in purchase of the flat, but was interested in money lending, the first informant’s grand father or parents did not pursue the matter with the builder. The other allottees had raised a dispute in the Civil Court where consent terms were recorded and the Association of allottees took over the construction of the building. An offence was registered on other allottees’ complaint with the Economic Offence Wing, in respect of which Criminal Writ Petition No. 2203 of 2011 was filed where this Court has stayed further proceeding, by order dated 10th August, 2011. Learned counsel for the applicants submits that even so applicants are ready to deposit a sum of Rs.10,31,000/-, which has been shown to have been received by cheques from 1995 to 2001 without prejudice to their rights, within a period of two weeks with the learned Metropolitan Magistrate, 26th Court, Borivali. In view of this applicants being subjected to custodial interrogation may not be necessary, though learned APP is of the other view. The application is, therefore, allowed. On applicants' depositing a sum of Rs.11,31,000/- in the court of learned Metropolitan Magistrate, 26th Court at Borivali, within a period of two weeks, in the event of applicants' arrest in 3 ABA 919 OF 2011 Crime No.234 of 2011, registered with Kasturba Marg Police Station, they be released on bail on their furnishing a P.R. Bonds in the sum of Rs.25,000/- by each of them with one or more solvent sureties in the sums aggregating to Rs.25,000/- by each of them, on the following conditions : i) The applicants shall make themselves available on 21st November, 2011 at 10.00 a.m. for interrogation by the Investigating Officer and thereafter as and when required by the Investigating Officer. ii) The applicants shall also furnish their mobile telephone numbers and addresses and other details to the investigating officer. iii) The applicants 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 them from disclosing such facts to the Court or to any police officer; iv) The applicants shall not leave India without the previous permission of the trial Court. v) The order shall remain in force till the trial is over with the only stipulation that if chargesheeted the applicant may furnish fresh bonds before the trial Court in view of the judgment of the Hon’ble Supreme Court in case of Siddharam 4 ABA 919 OF 2011 Satlingappa Mhetre -vs- State of Maharashtra and ors, in S.L.P No.7615 of 2009. vi) On depositing the aforesaid amount by the applicants, the learned Metropolitan Magistrate shall invest the same in the State Bank of India, to earn maximum interest and shall deal with the same at the end of the trial as per result of the trial. vii) Application stands disposed of. (R. C. CHAVAN, J.)