1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2441 OF 2009 Mr.Raees Habibullah Choudhary .. Applicant Vs State of Maharashtra .. Respondent Mr. Ashok M Saraogi, Advocate for the Applicant. Mr. S.S.Pednekar, APP, for the Respondent. Ms Kavita Gandhi, for the original complainant. CORAM : D.B.BHOSALE, J. DATE : 02/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in M.E.C.R. No. 01/2009 of Antop Hill Police Station. The crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 420, 465, 467, 468, 471 red with section 34 of IPC. 3. It is alleged that the applicant sold a shop premises to the complainant in respect of which a notice under section 351 of T 2 the Mumbai Municipal Corporation Act was issued and within less than two months after it was sold to the complainant the premises were demolished by the corporation. The applicant did not disclose to the complainant that such notice was issued in respect of the premises. Even a representation was made by the applicant to the corporation for alternative premises in his own name instead of making such application in the name of the complainant or asking the complainant to make such application for alternative premises. Mr Saraogi, learned counsel for the applicant, submits that during pendency of this application the applicant has settled the dispute with the complainant. He submits that the applicant has given another premises to complainant and he has already put him in possession thereof. Ms Gandhi, learned counsel for the complainant, on instructions from the complainant who is present in the court, submits that the applicant has put the complainant in possession of B-6, Room No.106, Indian Oil Nagar, MHADA Colony, Govandi and he has no grievance of whatsoever nature against the applicant. It appears that the applicant has already filed criminal writ petition no.1607 of 2009 in this court for quashing and the said writ petition is now kept for hearing on 8.7.2009. Keeping that in view and considering the submissions of the learned counsel for the applicant and the statement made by the learned counsel 3 for the complainant, on instructions from the complainant who is present in the court, I am inclined to enlarge the applicant on bail. Hence, the following order. The applicant is directed to be enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to the condition that the applicant shall report to the concerned police station on first Saturday of every month till conclusion of the trial. Cash bail amount is permitted for a period of two weeks. 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.)