( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4324 OF 2010 Bhimrao Bhanudas Shinde APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. M.P. Kale, advocate for the applicant. Mr. N.H. Borade, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. The application is for anticipatory bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. It appears prima facie that a jeep vehicle was purchased by complainant Bhagwat Kadam after obtaining finance from M/s Mahindra and Mahindra Finance Company. The complainant agreed to alienate the jeep vehicle to the applicant. The applicant agreed to pay the instalments of the loan amount to M/s Mahindra and Mahindra Finance Company. ( 2 ) Since certain instalments were not paid by the applicant, the Finance Company issued notice to the complainant showing that amount of Rs. 2,21,068/- was due alongwith the penalty. The complainant thereafter went to village of the applicant and inquired with him abut the default. The complainant alleged that he was abused. He filed application alleging that the applicant has committed theft of the jeep vehicle which was in his possession. 4. So far as the allegations of theft are concerned, it emerges that prima facie, the alleged offence is said to be outcome of civil dispute regarding nature of the transaction between the applicant and the informant (complainant - Bhagwat). The applicant agreed to purchase the vehicle alongwith the liability to pay the amount to the Finance Company. If he has committed defaults, he will be liable to pay the amounts due alongwith penalty, if any, or to give up possession of the jeep vehicle to the Finance Company if it is obtained in due course of law. It appears prima facie that the act of the applicant does not come within ambit of section 379 of the I.P. Code. 5. In the result, the application is allowed. The ( 3 ) applicant is directed to be released on bail, in the event of his arrest, on furnishing bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), before the Arresting Officer, and on condition that he shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for four (4) consecutive Sundays w.e.f. 28th instant and to cooperate with the I.P. during the investigation. [V.R. KINGAONKAR] JUDGE NPJ/criapln4324-10