1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2206 OF 2009 1.Chandrakant Bhanudas Hande, 2. Yeshwant Chandrakant Hande, 3. Suryakant Chandrakant Hande, 4. Janardhan Ganpat Tarange .. Applicants Vs State of Maharashtra .. Respondent Mr.Ganesh K.Gole , Advocate for the Applicants. Mr. Y.S.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 17/06/2009 PC: 1. Heard learned counsel for the applicants and learned APP for the respondent. 2. The applicants are seeking anticipatory bail in C.R.No.10 of 2009 of Karmala Police Station, Dist-Solapur. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 379,506 read with 34 of IPC and sections 33, 34 of Bombay Money Lenders Act. 3. It is the prosecution case that the complainant’s father had taken loan from the applicants, Mulani and Kapse and had T 2 executed three sale deeds in their favour in respect of three different properties. The sale-deed between the complainant’s father and Kapse is dated 29.3.1996, whereas the sale-deed between the complainant’s father and Mulani was executed in May, 2003 and the sale-deed between the complainant’s father and the applicants is dated 16.3.2004. It appears that the applicants subsequently purchased the very same properties from Mulani and Kapse by way of registered sale-deeds dated 16.3.2004 and 10.9.2003 respectively. According to the complainant, all these transactions were money lending transactions and the sale deeds were executed by way of security and since the applicants refused to re-convey the properties to the complainant, he lodged the FIR against the applicants. According to the applicants, all the transactions were genuine sale transactions and they were all registered documents. 4. I have gone through the FIR and the other material placed before the court. Mr Gole, learned counsel for the applicants, produced xerox copies of the three sale deeds, one dated 10.9.1993 and the remaining two dated 16.3.2004, and stated that the registered sale deeds will also be produced within one week from today. His statement is accepted. Xerox copies of the 3 sale deeds are handed over to the learned APP. Mr Gole, further submits that the applicants will also hand over certified copies of the registered sale deed dated 29.3.1996 between the complainant’s father and Kapse and the sale deed executed in May, 2003 between the complainant’s father and Mulani, within a period of one week from today. This statement is also accepted. Having considered the nature of dispute and the allegations against the applicants, in my opinion, custody of the applicants would not be necessary. Hence, the following order. In the event of arrest, the applicants be released on bail in the sum of Rs.10,000/- each with one or two sureties to make up the said amount, subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicants are directed to report to the concerned police station till 30.6.2009 on every alternate day between 6 and 7 pm, and thereafter as and when called. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.) 4