MP 1 ABA813_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 813 OF 2011 1. Mr. Hasinuddin Asaluddin Khan 2. Mr. Mohammad Shafi Abdul Rehman ... Applicants Versus The State of Maharashtra ... Respondent CORAM : J. H. BHATIA, J. DATE : 30TH SEPTEMBER 2011 Mr. V. V. Purwant, Advocate for the Applicant. Ms P. P. Shinde, APP for the Respondent State. P. C. : Heard the learned Counsel for parties. 2. The applicants seek anticipatory bail in Crime No. 481of 2009 registered by Mumbra Police Station, Thane for the offences punishable under Sections 378, 379, 385, 387 and 446 r/w. Section 34 of the Indian Penal Code on the basis of a report lodged by one Salim Hasan Mansuri. 3. From the documents produced by applicants, it appears that the complainant claims to have constructed a hut near Survey No.93 which belongs to the State Government. His hut was washed away in the flood in the year 2005. Thereafter, when he tried to make construction, the same was obstructed by some persons including the applicants. 4. On 10.12.2007, the complainant appears to have filed Regular Civil Suit No. 825 of 2007 against four persons and obtained a consent decree. Present applicants are the members of Ammar Garden F & G Co-operative Housing Society having their building on part of the land bearing survey No.93. According to the Society, it has right of way through the land, which is tried to be encroached MP 2 ABA813_11 upon by the complainant. The Society also filed a Regular Civil Suit No. 381 of 2010 against the complainant for injunction and that Suit is pending. The complainant had filed the complaint alleging that the members of the said Society had removed his construction material and had tried to pressurize him to pay amount of Rs. 10,00,000/-. According to the learned Counsel for the applicant on the basis of report lodged in the year 2009, now the applicants are apprehending arrest by the police. 5. Taking into consideration the facts and circumstances noted above, in the event of arrest in Crime No. 481 of 2009, the applicants shall be released on their executing P.R. of Rs.15,000/- each with a condition that they shall make themselves available to the police, as and when required, for the purpose of interrogation / investigation. (J. H. BHATIA, J)