1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3541 of 2009 Jaywantrao G. Suryavanshi & ors. ... Applicants versus The State of Maharashtra ... Respondent ... Mr.A.P. Mundargi with Mr.Madhukar Dalvi for the applicant. Mr.P.M. Havnur for the complainant. Mrs.M.R.Tidke APP for the State. CORAM : D.G. KARNIK, J. DATED : 3rd February 2010 P.C. 1. Heard. 2. By this application, applicants seeks pre-arrest bail in connection with an offence registered under MECR No.5 of 2009 with Vile Parle Police Station, Mumbai. 2 3. The facts in brief are that Mr. Madhukar S. Shetty (hereinafter referred to as “the complainant”) is a member of Kadamgiri Complex Co-operative Housing Society Ltd (for short “the Society”) and runs a hotel on the ground floor of the building of the society. Applicants are the members of the Managing Committee of the Society and were elected as such in September 2005. There are serious disputes between the complainant and the society about misuse of property of the society by the complainant. Some proceedings are also pending between them in the Co-operative Court. On this backdrop, the complainant filed a complaint before the 40th Court of Metropolitan Magistrate at Andheri alleging therein that the bonds which are required to be executed by the members of the Managing Committee under Rule 58 A of the Maharashtra Co-operative Societies Rules 1961 were forged inasmuch as they were antedated and stamp papers used for the purpose of executing bonds were also misused. According to the prosecution though the forged bonds were prepared, they were not filed with the Registrar of Co-operative Societies as was required under Rule 58 of the Maharashtra Co-operative Societies Rules. If so, the documents were not used and were not intended to be used as they were not filed within 15 days as required by the Rules. 3 4. Taking into consideration the fact that there is a civil dispute between the parties and the criminal proceedings have been initiated probably on account of a civil dispute and the action taken by the Society against the complainant for alleged breaches of the bye-laws of the Society and the fact that custodial interrogation is not needed in the present case, in my view, the applicants can be granted pre-arrest bail. Hence, I pass the following order:- O R D E R In the event applicants are arrested in connection with MECR No. 5 of 2009 each of them shall be released on bail on each of them executing a personal bond of Rs.10,000/- subject to a condition that the applicants shall co-operate with the investigation and shall attend the concerned police station as and when summoned for the purpose of interrogation/interrogation. This order shall remain in force for a period of 12 weeks or filing of the charge-sheet, whichever is earlier, where after the applicants may, if they so desire, apply to an appropriate Court for regular bail. (D.G. KARNIK,J.)