1 aba-217-11.doc LRS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 217 of 2011. Vincent Anthony ..Applicant. Versus The State of Maharashtra ..Respondent. Mr. S.R.Chitnis, Senior Counsel with Mrs V.R.Raje, for Applicant. Mr. Y.M.Nakhawa, A.P.P. for State. CORAM : A.R.JOSHI, J. DATED : MARCH 23, 2011 P.C. :- 1. Heard submissions at length on this application preferred by the applicant for anticipatory bail apprehending his arrest in C.R. No. 1 of 2011 arising out of the order of investigation passed by Judicial Magistrate, First Class, Panvel under the provisions of Section 156 (3) of the Code of Criminal Procedure. 2. Perused the application and accompanying documents. Also perused the documents which are produced during the arguments. 2 aba-217-11.doc 3. Original complainant lodged Regular Criminal Case No.764 of 2010 for taking action against the present applicant and another co-accused for the offence punishable under sections 463, 464, 467, 468, 471, 420 read with Section 34 of the Indian Penal Code. 4. According to the original complainant, he and his other relatives have acquired a piece of land in Navi Mumbai by virtue of the provisions and Scheme, popularly known as 12.5% Gavthan Expansion Scheme declared by the Government of Maharashtra. Said plot of land was then in possession of the original complainant and his relatives. He then agreed for development of the said plot by construction of building. Such Development Agreement was executed by the complainant and his other co-sharers in favour of the present applicant vide agreement dated 18th June, 2001. Subsequently, according to the complainant, the construction was not carried out and there were breaches of the terms of the agreement. Hence, a legal notice terminating the said agreement was issued, dated 25.6.2004. Thereafter, the original complainant and his other relations contracted with one third person, Mr Venu Gopal, for construction of the building on the same plot of land vide agreement dated 21st July, 2004. It is also the allegation of the original complainant that the complainant and his other relatives have not signed on any document of extension of the earlier agreement entered into between the complainant and the applicant herein and they had not signed any documents of the guarantee for the applicant to obtain a loan of Rs.40,00,000/- or odd from the Central 3 aba-217-11.doc Bank of India. According to them, said documents are fabricated. Also according to the original complainant, the document of extension of the agreement dated 16th June, 2004 is also fabricated. 5. Admittedly, prior to the complaint lodged by the original complainant against the present applicant and co-accused, one earlier complaint was filed by present applicant before same Judicial Magistrate,F.C.Panvel being R.C.C. No.663 of 2010. Said case is still pending. 6. During the arguments, it is brought to the notice of this Court on behalf of the applicant that said one Mr Venu Gopal has also filed a civil suit for injunction simplicitor, valued at Rs.1000/-, against the original complainant, holder of the plot and his relatives and also the present applicant, mentioning them as defendants. Significantly, said suit is only for the injunction without there being any substantive relief over the suit property. However, this is not the subject-matter before the Court. Still, suffice it to say that the transactions between the parties are mostly of civil nature and that there is an element of preparation of forged documents. Considering the circumstances and considering the rival cases pending before the same Magistrate, it is not a case in which custodial interrogation of the present applicant is warranted. The relief of pre-arrest bail can be granted on certain conditions to be imposed on the applicant for attendance before the concerned police station. Hence, the following order:- 6. 4 aba-217-11.doc ORDER. (a) Criminal Application No. 217 of 2011 is allowed; (b) In the event of arrest of the applicant in C.R.No.1 of 2011 of P. S.Kalamboli Police Station,Navi Mumbai (R.C.C.No.764 of 2010 pending before J.M.F.C.Panvel)for the offence punishable under Sections 463, 464, 467, 468, 471, 420 read with Section 34, he shall be released on bail in the sum of Rs.20,000/- with one surety in the like amount. (c) In the event of arrest and on availing the bail, as above, the applicant shall attend concerned Police Station on every Monday and Thursday between 10:00 a.m. and 12:00 noon and shall co-operate with the Investigating Agency by giving his specimen signatures and handwriting. Application is disposed of in the above terms. 1 (A.R. JOSHI, J.)