IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4074 OF 2009 James P. D’Silva ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Rajiv Patil i/by Mr.Onkar Warange, Adv. for the applicant. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: The present applicant is a partner of a firm by name Blue Circle Realty which is a registered firm under the provisions of Indian Partnership Act. The applicant is carrying on business of development of real estate and acts as builder. The applicant is apprehending arrest in CR No.I-144/09 for offence punishable under sections 420, 467, 468, 471 read with section 34 of IPC registered with Kharghar police station, Panvel, district Raigad. According to the applicant the applicant’s firm had purchased a plot of land by entering into a tripartite agreement with the Vendors and the CIDCO and the present applicant’s firm. According to the FIR a plot of land was allotted in favour of co-accused. The said plot which came to be allotted in favour of the co-accused was so allotted on the basis of forged documents. The present applicant claims to have purchased the plot of land for a consideration of Rs.3.20 crores. Learned counsel for the applicant has submitted that after registration of the offence the applicant has already surrendered the plot to CIDCO and thus on the one hand the applicant has lost the plot 1 and on the other hand has been put to loss on account of payment of consideration of Rs.3.20 crores. The application moved by the applicant under section 438 of Criminal Procedure Code seeking anticipatory bail is pending consideration with Sessions Judge and I am informed that the application is fixed today for being heard at 2.30 p.m. In that view of the matter learned counsel for the applicant makes a limited prayer to continue the protection till the application moved by the application under section 438 is heard and decided by the Sessions Judge. Learned APP does not oppose this limited prayer. In the result the present application is disposed of by directing the Sessions Judge to decide the application moved by the applicant under section 438 as expeditiously as possible and preferably within a period of one week from today. For a period of one week the applicant is granted anticipatory bail on the following terms: In the event of arrest of the applicant-James P. D’Silva he shall be released on bail on executing personal bond in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated in section 438(2) of Criminal Procedure Code. Application stands disposed of. 17.9.2009. 2