IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4439 OF 2008 CRIMINAL APPLICATION NO. 4439 OF 2008 CRIMINAL APPLICATION NO. 4439 OF 2008 Mobin Hussain Azhar Hussain Shaikh ...Applicant vs. The State of Maharashtra ...Respondent Mr.Pankaj J. Das for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 22, 2009 DATED : JANUARY 22, 2009 DATED : JANUARY 22, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. A complaint was lodged against the present applicant on 29th December, 2005 alleging that the applicant and two others had forcibly dispossessed the complainant and had removed articles and utensils worth Rs.98,700/- from the room which was given to her on rent. 3. It is an admitted position that the applicant is the owner of the premises. According to the complainant, one room was given to her on rent on 13th - 2 - July, 2004 at the monthly rent of Rs.800/-. After one month, on account of demise of her grandmother, she went to her mother’s place at Kurla. Two months thereafter when she came back, she found that there were two locks put on the said premises. The complaint belatedly has been filed almost after a lapse of one year alleging forcible dispossession and removal of her articles worth Rs.98,700/-. The other two accused viz. the wife of the applicant and the other person who was occupying the said premises have been granted anticipatory bail. 4. Perusal of the complaint clearly discloses that essentially, the dispute between the parties is of civil nature and the allegation essentially is she was forcibly dispossessed. In the complaint, she has not produced any evidence to show that she was statutory tenant of the said premises. Taking into consideration these facts, in my view, prima facie case is made out for grant of anticipatory bail. In any event, custodial interrogation of the applicant is not necessary. 5. However, to secure the interest of the - 3 - complainant, the applicant shall deposit an amount of Rs.25,000/- in the trial court. The applicant, under these circumstances, in the event of his arrest in connection with C.R.No.I-320/2005 be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Dombivili (Ramnagar) Police Station, Kalyan, as and when called. If the amount of Rs.25,000/- is not deposited within four weeks from today, the anticipatory bail application shall stand cancelled without further reference to this Court. 6. The application is allowed and is disposed of in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)