IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3571 OF 2009 Ashwinkumar Mishra Mrs. Niranjana Ashwinkumar Mishra ........ Applicants versus The State of Maharashtra ........Respondent. Mr. Harshad Bhadbhade i/b Kapil P. Shetye adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 13th August, 2009. P. C.: 1. Apprehending arrest in Crime No. I-35/09 registered at Shahapur police station for offence under section 420 read with 34 of IPC, the present application for anticipatory bail has been filed. Initially the applicant had moved the Sessions Court with the same prayer and the Sessions court had granted anticipatory bail to the applicants vide order dated 19-5-2009. However, the order was to remain in force for a period of 60 days from the date of passing of the order, during which period it was expected that the applicants ought to move for regular bail. According to the applicants, when they moved the court of JMFC for obtaining regular bail, they were orally told that as yet the charge sheet was not filed and the applicant was not arrested by the police. Hence the application was not entertained. According to the applicants, when they approached the police, police insisted for solvency certificate and by then the period of 60 days had expired. As such the applicants yet again moved a fresh application under section 438 Cr.P.C. and claimed anticipatory bail. However by a criptic order dated 27-7-2009 the application came to be rejected. Hence the present application has been filed. 3. The complainant is a retired police inspector who filed a complaint in regard to a transaction allegedly entered into in October 1989, for the first time in the year 2009. Offence came to be registered on the basis of belatedly filed complaint. There is no explanation for the delay of about 20 years in filing FIR. According to the complainant, the complainant had agreed to purchase a plot of land from one Krishna, who was owner of the plot in October 1989 and Krishna had asked the complainant to make the payments in installment to the present applicants and as per the complaint, various amounts came to be paid totaling into a sum of Rs. 42,000/-. However, the sale deed was not executed. Hence complaint against the applicants came to be filed for cheating. Deceased Krishna with whom the complainant claimes to have entered into an agreement for purchase of plot, expired in the year 1995. After taking these facts into account and on proper appreciation of the circumstances, the Sessions court had rightly granted anticipatory bail to the applicants. It is undisputed that even till date the charge sheet has not been filed. Having regard to the reasons, recorded by the Sessions court in its order dated 18-5-2009 and on perusal of the complaint, I am of the clear view that the applicants are entitled to be granted anticipatory bail. In the result I direct that in event of arrest of the applicants, in C.R. No.I-35/09 of Shahapur police station for offence under section 420 read with 34 of IPC the applicants shall be released on bail on executing personal bond in the sum of Rs. 15,000/- with one surety in the like amount. The applicant shall abide by the conditions stipulated under section 438(2) of Cr.P.C. The application is disposed of. (A. P. Deshpande, J.)