1appln-3175-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3175 of 2010 (FOR ANTICIPATORY BAIL) Mr S. Kannan .. Applicant. vs. The State of Maharashtra .. Respondent. Mr Sanjeev A. Sawant with Sachin Kadam i/by B. K. Barve, for the Applicant. Mr K. V. Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicant for anticipatory bail apprehending arrest in connection with M. E. C.R. No. 2/2010 registered on 5th June, 2010 by Nallasopara Police Station, Taluka Vasai, District Thane for the offence punishable under Sections 420, 406, 468, 447 read with Section 34 of I.P.Code. 2appln-3175-10 2. The applicant is Area Manager of LIC Housing Finance Co.Ltd and is the signatory to the allotment letter given in the name of the first informant. The first informant placed her bid for the flat which was to be auctioned under the SARFAESI Act by LIC Housing Finance Ltd. It appears that the complainant quoted the bid for total amount of Rs.4,28,000/- and in fact deposited the requisite amount by demand draft. She was given the allotment letter under the signature of the present applicant on 3.9.2009. However, significantly on the same day she was given the cancellation letter also mentioning that higher bid, than which was quoted by her, was obtained by the Head Office and the allotment letter issued in favour of the first informant was due to inadvertence. On perusal of the allotment letter, it is apparent that even there is specific mention as to giving the possession of the flat and also the keys to the first informant. However, the title documents were not then prepared. Being aggrieved by such conduct as to cancellation of the earlier allotment, first informant filed criminal case before the Judicial Magistrate, First Class, at Vasai on 20-1-2010 and after police investigation present F.I.R. came to be lodged on 5.5.2010. Apparently, prior to lodging of such criminal complaint a civil suit was filed by the first informant on 5.12.2009 for the similar relief as to cancellation of the allotment given to the third party and for specific performance of the allotment given in her favour. 3. The factual position still remains that the allotment letter was definitely issued on 3.9.2009 and apparently it was cancelled on the same date but the communication could not be established with the original first informant. It is also apparent that once the matter reached the stage of allotment then entire 3appln-3175-10 bidding process is deemed to have come to an end. However, still it is argued on behalf of the applicant that the head office had received the higher bid from third party and it was for the amount of Rs.4,35,000/- and as such the allotment given in favour of the first informant was cancelled. Considering such specific circumstances in the opinion of this Court it is a matter in which the discretionary relief of anticipatory bail cannot be granted in favour of the applicant. Certain aspects of such nature as to giving of allotment and cancellation on the same date requires an investigation at the hands of the police. Under these circumstances, present application is disposed of with the following order:- ORDER: (a) Anticipatory Bail Application No. 3175/2010 is hereby rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)