1 criapln3383-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3383 OF 2011 1] Tejla Tukya Walvi 2] Gula Ravlya Walvi 3] Gavlya Dudhlya Walvi 4] Raya Tedya Walvi 5] Tukya Vesta Walvi 6] Kella Tukya Walvi .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... CRIMNINAL APPLICATION NO.3384/2011 1] Dila Sarpa Walvi 2] Aamshya Sarpa Walvi .. APPLICANTS VS 1] The State of Maharashtra. .. RESPONDENT. ... Shri Joydeep Chatterji, Adv.for applicants. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 12/08/2011 2 criapln3383-11 ORAL ORDER: 1] The first application is filed for anticipatory bail and the second application is filed for bail in Crime No.34/11 registered in Dhadgaon police station, Dist. Nandurbar for offences punishable under Sections 395, 504, 506 r.w. 34 of I.P.C. Papers of investigation were made available. Heard both sides. 2] The crime is registered on the basis of report given by one Mithya Walvi. He has some civil dispute with the applicant in respect of land gat no.66/2 and adjacent lands. He has made allegations that on 2/5/11, 200-300 bamboo trees were cut from his land by applicants and they were taken away and offence was committed. 3] Papers of investigation show that the applicants from the second proceeding were arrested and so called instruments used to cut the trees are recovered by police. Advocate of the applicants has filed some record like copy of plaint in Civil Suit No.55/08 filed against Bamnya Walvi and others. Bamnya Walvi is real brother of complainant. It was submitted that in the suit, relief of temporary injunction is granted against Bamnya Walvi though it is in respect of land survey no.65. A copy of other Suit No.70/08 is filed by Ravlya 3 criapln3383-11 Walvi who is relative of applicant no.6 is filed. It was submitted that relief of temporary injunction is granted in favour of plaintiff in respect of survey no.66/1/V. 4] It was submitted for the applicants that it is civil dispute and only to pressurize the applicants, false report is given. It was submitted that the lands mentioned in the two suits are adjacent to the land of the complainant and as civil Court has granted relief, applicants are falsely implicated. 5] In view of aforesaid circumstances, the nature of dispute and the fact that the instruments which were allegedly used for cutting the trees are recovered and also the fact that complainants is also not sure whether there were 200 or 300 bamboo trees, this Court holds that both applications need to be allowed. Interim relief granted in Criminal Application No.3383/11 stands confirmed subject to condition that the applicants are to appear before investigating officer for the period of one month on every Sunday between 9 a.m. and 12 p.m. for the purpose of interrogation. They are to cooperate with investigating officer during investigation. They are not commit similar offence. 6] Criminal Application No.3384/11 is allowed. Applicants are to be released on bail in Crime No.34/11 registered in Dhadgaon police station, Dist. Nandurbar for offences punishable under Sections 395, 4 criapln3383-11 504, 506 r.w. 34 of I.P.C., on their furnishing PR and SB of Rs. 15,000/- each. They are not to tamper with prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln3205-11