{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3577 OF 2010 WITH CRIMINAL APPLICATION NO.3463 OF 2010 XXXXX CRIMINAL APPLICATION NO.3577 OF 2010 1. Mohammad Ismail Mohammad Yusuf APPLICANTS 2. Shikh Iqbal Pasha s/o Mohammad Gaus VERSUS The State of Maharashtra RESPONDENTS WITH CRIMINAL APPLICATION NO.3463 OF 2010 Maheboob Ali Khan s/o Hakim Mohammd Ali Khan APPLICANTS VERSUS The State of Maharashtra RESPONDENTS ....... Mr. T.W.Pathan, Advocate for the applicants Mr. B.V.Wagh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 20 th October 2010 PER COURT: 1. Both these applications arise out of Crime No. 266/2010 registered with CIDCO Rural police station, Nanded, and hence they are being disposed of by this common order. {2} 2. The applicants have prayed to release them on anticipatory bail in the event of their arrest. It appears that interim protection is granted in favour of the applicants on 07.09.2010 and 30.08.2010, respectively. 3. Today, when the applications came up for final hearing, heard learned counsel for the applicants and learned APP. Perused the papers of investigation. 4. It appears that the complainant had entered into an agreement to sale with applicant Maheboob for sale of a land for a consideration of Rs.3 lacs, on 01.07.2007. It also appears that at the time of entering into the agreement of sale, the applicants Mohammad and Shaikh Iqbal were the witnesses for payment of Rs.1,32,000/- by applicant Maheboob to the complainant. Subsequently, the balance amount was paid to the complainant by the purchaser on 10.01.2008 and possession receipt was issued by the complainant. It appears that on 31.05.2010 Regular Civil Suit No.254/2010 for simplicitor injunction along with application for interim injunction was filed by applicant Maheboob against the complainant. After service of notice of the same, the complainant appeared in the said suit, which is still pending. During the pendency of the said suit, a private complaint was filed by the complainant against the applicants before CJM, Nanded bearing Misc. Application No.243/2010 alleging that the applicant has produced a bogus possession receipt before the civil court. An {3} order, to investigation the matter u/s 156 (3) of the Criminal Procedure Code came to be passed in the said application. 5. Pursuant to the orders dated 28.07.2010, an offence at Crime No.266/2010 came to be registered at Nanded police station. Apprehending their arrest in connection with the said offence, the applicants are before this Court seeking pre-arrest bail. 6. Considering the rival submissions and the documents of investigation, it appears that the real dispute between the parties is of purely civil in nature, which is subjudice before the competent civil court and it has not been decided as to whether the possession receipt is bogus or not. In the premise, case is made out to enlarge the applicants on anticipatory bail in exercise of extra ordinary jurisdiction vested in this Court. 7. In the result, both the applications are allowed. Interim protection granted in favour of the applicants is hereby confirmed and to remain in force till filing of the charge sheet. Applicants are directed to attend the concerned police station, if required, on written intimation from the IO concerned. [A.V.POTDAR, J.] drp/B10/criapln3577-10