( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4310 OF 2010 Sunnabhai Mohammadbhai Shaikh, R/o Chanda, Tq. Newasa, Dist. Ahmednagar. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. S.S. Kazi, advocate for the applicant. Mr. P.P. More, APP for the respondent/State. Mr. Y.B. Pathan, advocate for the respondent No.2. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th November, 2010] PER COURT : 1. By this application, the applicant seeks directions under section 438 of the Criminal Procedure Code. 2. By order dated 26th October, 2010, this Court granted ad-interim relief in favour of the applicant. 3. Having heard learned advocate for the parties and learned A.P.P. and on perusal of the relevant documents and ( 2 ) papers, it is conspicuous that the FIR is outcome of civil dispute regarding the nature of transaction between the applicant and the respondent No. 2. According to the applicant, the respondent No. 2 is a money-lender and, therefore, he executed the sale-deed in her favour on receiving loan amount. He alleged that he has not parted with the possession. The learned A.P.P. submits that the copies of the relevant documents have been collected during course of the investigation. It prima facie appears that the applicant has alienated the land in question in favour of his relative at subsequent stage. It also appears that the subsequent purchaser has filed a civil suit against the respondent No. 2 for perpetual injunction. 4. All said and done, when it emerges from the record that there is a civil dispute about the property in question, it prima facie appears that arrest of the applicant may not be required for effective investigation for the alleged offence of cheating and misappropriation of the property. It would suffice if the applicant is directed to remain present before the Investigating Officer and cooperate during the course of investigation. ( 3 ) 5. In the result, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) before the Arresting Officer, on condition that he shall attend the concerned Police Station on each Tuesday and Saturday between 10 a.m. and 2 p.m. for four (4) consecutive weeks and shall cooperate with the Investigating Officer, effectively and also shall produce any document as may be required by the Investigating Officer, if due notice is served on him. [V.R. KINGAONKAR] JUDGE NPJ/criapln4310-10