1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.163 OF 2011 Shri Vinod Ganpatrao Khamitkar ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Shirish Gupte learned Senior Counsel i/by Shri Prakash Naik ,advs. For the Applicant. Smt.R.V.Newton, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 10, 2011. P.C. 1 Heard. Applicant, who is accused no.1 in Crime No.10 of 2011 registered at Vithalwadi police station under sections 420, 467, 468, 471, 120B r/w Section 34 of the IPC . 2 Offence was registered on the basis of report lodged by one Ravi Talreja advocate at Ulhasnagar. According to him, accused no.3 Kishan Chandwani and accused no.4 Jyoti Kishan Chandwani made a construction abutting his wall by making encroachment and by using excess FSI. The present applicant was a junior engineer with the Municipal Corporation, Ulhasnagar and it is alleged that even though FSI of 119.48 sq.mtr. was actually available, without making actual spot inspection, present applicant allowed construction covering FSI of 163.88 sq.mtrs. He was arrested on 17th January, 2011. The learned 2 senior counsel for the applicant points out that accused no.7 Anupsingh, who was an architect and had prepared a plan and submitted for sanction has been granted anticipatory bail by the High Court today only. He also points out that civil suit filed by the complainant Ravi Talreja against the accused nos.3 and 4 is also pending. Taking into consideration nature of the dispute, I find that no purpose will be served by detaining the present applicant in custody. 3 Therefore, applicant be released on his executing PR of Rs. 15,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend Vithalwadi police station on every Monday between 4 to 6 p.m. and on any other day as required by the police for interrogation till filing of the charge-sheet. (J.H. BHATIA,J.)