1 ABA-379.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.379 OF 2011 {For Anticipatory Bail} Mrs. Laxmibai Baswani Naik & Others .... Applicants Vs. State of Maharashtra .... Respondent S/Shri A.P. Mundargi, Senior Counsel with H. Mundargi for the Applicants. Shri Y.M. Nakhwa, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: APRIL 28, 2011 P.C: 1. This is an application for anticipatory bail by members of the family of the defendants in Civil Suit No.40 of 2010, pending before the learned Civil Judge, Junior Division, Gadhinglaj. There is a dispute between the family of the applicants and the first informant for possession of land bearing Gat No.560 of Village Mutnal. The Civil Judge had issued an injunction in favour of the first informant which was set aside by the learned District Judge, Gadhinglaj by his order passed in Misc. Civil Appeal No.22 of 2010 holding 2 ABA-379.11 that it was the family of the applicants who were in possession of the property. The first informant's family carried the matter to High Court where the High Court directed the parties to maintain status quo position as on the date of the order passed by the learned District Judge. Since the District Judge had held that the family of the defendants, that is the present applicants, was in possession, the status quo which was required to be maintained is possession of the applicants had to be maintained. The first informant alleges that on 1-4-2011 the family of the applicants sought to throw them out of the field and also burnt their house. The applicants are alleged to have participated in the act. They are also alleged to have pelted stones at the police party which had come, which resulted in injury to one Mohammed Sherif Adam Shaikh. Considering the nature of the allegations made, it is not clear as to what purpose would be served by subjecting the applicants to custodial interrogation. The application is therefore allowed. In the event of the applicants' arrest in C.R. No.52 of 2011 of Gadhinglaj Police Station, Kolhapur the applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more solvent 3 ABA-379.11 sureties in the sum aggregating to Rs.15,000/- per person on the condition that the applicants shall report at the police station concerned on 5-5-2011 at 11:00 a.m. for interrogation and thereafter as and when required by the I.O.. The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer and they shall not leave the country without the prior permission of the trial Court. 2. This order shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicants may furnish fresh bond before the trial Court in view of the Judgment of the Supreme Court, dated 2-12-2010, delivered in Criminal Appeal No.2271 of 2010, arising out of SLP (Cri.) No. 7615 of 2009 {Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors.}. 3. The application accordingly stands disposed of. (R.C. CHAVAN, J.)