1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5501 OF 2009 Rajendra Prasad Pandey .. Applicant V/s State of Maharahtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Shirish Gupte, Senior Advocate with Mr. Pankaj Das i/b Mr. Rajesh for the applicants. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 28TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No.I-223 of 2009 registered at Kolsewadi Police Station, District Thane for an alleged offence punishable under sections 454, 457 and 380 of the I.P.C. 2 3. On 28th November 2009, Mr. Vishal Gunde (hereinafter referred to as “the complainant”) lodged an F.I.R. with the police that he was a purchaser of a flat bearing no.B-324, Shaktidham. When he had gone to the flat at about 12.30 noon on 19th November 2009, he noticed that some strangers had entered the flat by use of duplicate key and had removed his goods worth Rs.2,250/- lying in the flat. He therefore lodged a complaint of theft as well as house breaking. 4. The police seek custody of the applicant who is a builder and promoter who has constructed the said flat. 5. Mr. Gupte, learned Senior Advocate appearing for the applicant invited my attention to various documents annexed to the application. By a registered agreement of sale dated 15th July 1994, M/s Shukla Housing Pvt. 3 Ltd., of which the applicant is a director, agreed to sell the flat no.B-324 to Mr. Jagdish Thakkar. Mr. Thakkar was unable to pay the consideration and by a letter dated 13th November 2001 informed the applicant to cancel the booking of the flat. On 31st August 2009, he also executed a registered deed of cancellation of the agreement and cancelled the booking of the flat by receiving a sum of Rs. 6,25,000/- in full and final settlement of his claim to the flat and for refund of money. M/s Shukla Housing Pvt. Ltd. thereafter sold the said flat to Pritish Jyotish Banik under a registered agreement of sale dated 9th September 2009. At the request of the purchaser, the applicant was carrying out certain alterations/repairs in the flat when this incident is alleged to have happened. 6. Admittedly, the builder was the owner of the flat. Though he had agreed to sell the flat to Mr. Thakkar, the agreement was canceled. 4 Prima facie, the possession was always with M/s Shukla Housing Pvt. Ltd., of which the applicant is a director. There is no material on record to show that possession was ever handed over to Mr. Thakkar. The complainant claims to have purchased the flat from Mr. Khandekar who in turn claims to have purchased the flat from Mr. Thakkar. 7. It thus appears that there is a civil dispute between the parties regarding the flat and the present complaint is an outcome of the civil dispute, perhaps an attempt to settle the civil dispute through the criminal complaint. Taking into consideration the nature of the dispute which is of a civil nature, in my view, the applicant can be granted conditional pre- arrest bail. Hence, I pass the following order: ORDER In the event the applicant is arrested in connection with C.R. No. I-223 of 2009 registered at Kolsewadi Police Station, District 5 Thane, he shall be released on bail on executing a personal bond of Rs.15,000/- with one surety of the like amount, subject to a condition that the applicant shall cooperate with the investigation and shall attend the concerned police station as and when summoned by the police. This order shall remain in force for a period of 2 months or till the charge-sheet is filed whereafter the applicant may, if he so desires, apply for bail before the regular court. It is clarified that all observations made above are prima facie and the Sessions Court shall not in any way be influenced by them at the stage of hearing of application for regular bail and also at the stage of trial. (D.G. KARNIK, J.)