1 ABA-758-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 758 OF 2011 Mr. Bhanuprakash U. Gupta ... Applicant vs. State of Maharashtra ... Respondent Mr. Ashok Kumar Dubey,Advocate, for the applicant. Mr.Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 12th September, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the copy of the Remand Application dated 6.6.2011 filed by NRI Sagari Police Station, New Bombay, before the J.M.F.C. Vashi. 2. The complainant, who is son-in-law of the applicant, has filed a report alleging that his credit card was misused and different articles worth Rs.16,348.37 were purchased by the accused persons. It appears that three other accused, including the wife of the present applicant, were arrested and they were released on bail. The grievance of the applicant is that he has filed an application 2 ABA-758-11.sxw for anticipatory bail before the Sessions Court at Thane on 2.8.2011, but so far no order has been passed and the application is simply pending and, therefore, he is required to rush to this Court for anticipatory bail. 3. As per the remand report, referred above, out of the property worth Rs.16,348.37 purchased under the credit card, the property worth Rs.11,500/- is already recovered from the accused persons, who were arrested. Thus, the property to be recovered is less than Rs.5,000/- and it includes the grocery articles, etc. It also appears that there is some dispute between the complainant and his wife, who is daughter of the present applicant and a case under Section 498A of IPC is pending. Normally, this Court would not entertain the application under Section 438 when that remedy is available before the Sessions Court, but in the peculiar circumstances and the property involved, this application is being entertained as an exception. 4. In view of the above circumstances, in the event of arrest in Crime No.76 of 2011 registered at NRI Sagar Police Station, New Bombay, for the offence under Sections 420, 468 read with Sec. 34 of IPC, the applicant be released on his executing P.R. of Rs.10,000/- with a surety in the like amount with condition that he shall make himself available to police as and when required for 3 ABA-758-11.sxw interrogation. He shall not misuse the bail. 5. Copy of this order be sent to the Sessions Judge, Thane, with a direction that applications for anticipatory bail should be disposed of expeditiously and should not be kept pending for long time. (J.H.BHATIA,J.)