1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1997 OF 2010 Prashant S/o.Vitthalrao Makttedar, Age-55 years, Occu-Agriculture, R/o.Loha, Tal.Loha, Dist. Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.N.N.Chilarge, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State Mr.Sagar Killarikar, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in connection with CR No. 39/2010, registered in Loha Police Station, Dist. Nanded. It appears that the application was moved in the vacation and at that time, on 26/05/2010, interim protection was granted to the applicant. 2. Heard learned counsel for applicant, learned APP for State. and learned counsel for original complainant. Perused the papers of investigation till carried out. 3. It appears that the said offence came to be registered on the complaint of one Vitthal Dhage to whom with the present applicant 2 has entered into an agreement of sale of his land for certain consideration, and the terms and conditions how to pay that consideration amount, are also mentioned in the said agreement of sale. It is alleged that in view of the said agreement of sale, and major amount was paid to the applicant till 15/12/2009, and even though the complainant has shown his ready and willingness to pay the balance amount and to get execute the final Conveyance Deed of the landed property bearing CTS No.51/1/2, the applicant herein has transferred the said property in the name of his wife, hence the present offence. 4. Considering the very nature of the accusation against the present applicant, it reveals that the dispute is purely of civil nature for which the proper remedy is to file civil suit for specific performance and not by way of criminal accusation. Hence case is made out to release the applicant on bail. Hence order, O R D E R 1. Application is allowed. 2. Interim protection granted on 26/05/2010 is hereby confirmed fill filing of the charge sheet. Within meantime, if required, the applicant to give attendance to Loha Police Station, Dist. Nanded on written requisition by the Investigation Officer concerned. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1997-10