1 ABA-365.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.365 OF 2011 {For Anticipatory Bail} Azizul Haq Mohd. Salim Ansari .... Applicant Vs. The State of Maharashtra .... Respondent Ms Anamika Malhotra for the Applicant. Ms P.P. Shinde, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: APRIL 28, 2011 P.C: 1. This is an application for anticipatory bail by a person who claims to have developed a building in which Flat No.304 is allegedly forcibly occupied by the first informant. He states that first informant was in fact not residing in the building and had vacated the flat. But a false complaint of theft was made by the first informant alleging that the applicant had thrown away his fridge, TV, washing machine, etc., and gold ornaments worth Rs.98,000/- were stolen. The fridge, TV, washing machine, etc., were found on the terrace of the building. Gold ornaments worth 2 ABA-365.11 Rs.98,000/- were, however, not found because, according to the learned counsel for the applicant, they were never stolen. The learned counsel for the applicant made available for my perusal a report by the applicant himself which shows that the applicant had promised to refund Rs.2,00,000/- to the occupants of the flats. Since the occupants had not paid the balance of price, they gave possession back to the applicant. Unless the applicant deposits a sum of Rs.2,00,000/-, he cannot be allowed to claim that the flat in question had been vacated by the first informant particularly in the face of the allegation that the flat was allegedly forcibly occupied by the first informant. The learned counsel for the applicant, on instructions of the applicant who is present in the Court, states that the applicant would deposit a sum of Rs.2,00,000/- with the concerned Metropolitan Magistrate within a period of two weeks. Therefore, the applicant s being in custody for the purpose of further investigation may not be necessary. In the event of the applicant's arrest in C.R. No.148 of 2010 of Versova Police Station, Mumbai, the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to 3 ABA-365.11 Rs.50,000/- on the condition that the applicant shall report at the police station concerned on 18-5-2011 at 11:00 a.m. for interrogation, since the I.O. is stated to be on leave till then, and thereafter as and when required by the I.O.. The applicant 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 he shall not leave the country without the prior permission of the trial Court. 2. The applicant shall deposit a sum of Rs.2,00,000/- with the concerned Metropolitan Magistrate, which amount the learned Magistrate shall invest in fixed deposit in any nationalized Bank, to be dealt with by him at the end of the trial as per the result of the case. If the amount is not deposited within the period stipulated, this order shall stand revoked, without reference to the Court. No extension of time will be granted or sought. 3. This order shall remain in force till the trial is over with the only stipulation that if charge-sheeted, the applicant may 4 ABA-365.11 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.}. 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)