1ab-appln-2713-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2713/2010 Rakesh Jain and anr v. State of Maharashtra and ors Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Rizwan G. Merchant with Swami Wagh for the applicant. Mrs M. H. Mhatre, A.P.P.,for the State. Ms Molly Baxi – for original complainant. CORAM:- A.R. JOSHI, J. DATE :- 9TH JUNE, 2010. P.C.:- 1. Heard rival submissions at length on this application for anticipatory bail preferred by both the applicants apprehending their arrest in MECR No.12/2009 registered at Vile Parle (East) Police Station, Mumbai. Offence was registered by the said police station after the order passed by Andheri M.M.Court under the provisions of Section 156 (3) of Cr.P.C. The offences alleged against the applicants along with one co-accused, proprietor of M/s Sadguru Enterprises are punishable under Sections 406, 418, 420, 120-B of I.P.C. 2. During the arguments, it is submitted by the learned counsel Shri Rizwan Merchant appearing for the applicants, that it is a civil transaction for sale of the 2ab-appln-2713-10 office/commercial premises to the complainant for the total consideration of about Rs.6 crores and odd In fact, on receipt of such consideration the possession was already given to the complainant on 24-10-2007. The allegations against the applicants and the co-accused, proprietor of Sadguru Enterprises are that there was a collateral understanding between the complainant and present applicants as to providing the amenities in the said purchased commercial premises and for that purpose separate agreement came to be executed for the consideration of Rs.4 crores and odd. According to the complainant, said amount was also given. In fact, it was received by present applicant No.1 for and on behalf of Sadguru Enterprises. However, due to conspiracy hatched amongst both the applicants and proprietor of said Sadguru Enterprises now the amenities are not being provided in the said commercial premises and for which the present applicants and also proprietor of Saduguru Enterprises shall be dealt in accordance with law. 3. During the arguments, learned Advocate appearing for the applicants brought to the notice of this Court as to various attempts made by the complainant to approach various police stations on flimsy grounds of having territorial jurisdiction. It is brought to the notice of the Court that initially a complaint was lodged with Malad, Police Station. However, after scrutiny of the matter Malad Police came to the conclusion and accordingly directed the complainant to approach the concerned civil court as the transaction between him, the applicants and Sadguru Enterprises is purely of a civil nature. Being dissatisfied by such opinion of Malad police, the complainant approached Economic Offences Wing and ultimately lodged a private complaint with Andheri M.M.Court. On the said complaint orders were passed under Section 156(3) of Cr.P.C.for investigation by 3ab-appln-2713-10 the police and the matter was given to Vile Parle (East) Police Station, i.e.,the present investigating agency. 4. After going through the various documents, specifically the agreement entered into between the parties, and the admitted position as to delivery of possession of commercial premises to the complainant, and still considering the allegations as to Sadguru Enterprises not doing its job of providing amenities in the said commercial premises though after receiving the agreed amount for the same, it appears that prima facie there does not appear to be any criminal act. However, after an appropriate inquiry the concerned police may file report without being influenced by these observations. Needless to mention that in such type of matters, apparently, a civil transaction, do not require the intervention of this Court so as to have the custodial interrogation of the applicants at the hands of the investigating agency which is presently seized of the matter as per the directions of M.M.Court Andheri. Though during the arguments it is brought to the notice of the Court that the choice of selecting the M.M.Court, Andheri is also not having any legal basis, that aspect is not being dealt with here, it being an application for anticipatory bail. 5. In view of the above observations, present application can be allowed on certain conditions being imposed on the applicants. Hence, the order: :ORDER: (a) Anticipatory Bail application is allowed. In the event of arrest of the applicants in MECR No. 12/2009 they shall be released on executing P.R. Bonds in the sum of Rs.25,000/- each with one surety in the like amount each. 4ab-appln-2713-10 (b) In the event of arrest and availing of bail, the applicants shall attend Vile Parle (East) Police Station, once in a week on every Thursday between 10.00 a.m. to 2.00 p.m. for the period of eight weeks after availing the bail. (c) With these directions anticipatory bail application is disposed of. 6. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)