1 ABA-757-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 757 OF 2011 Mangesh Kandalgaonkar ... Applicant vs. State of Maharashtra ... Respondent Mr. Rajendra Sorankar,Advocate, for the applicant. Mr.Y.S.Shinde, APP,for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 2nd September, 2011. P.C. 1. Heard. 2. The applicant, who is the Secretary of BSES Friends Co-op. Housing Society Ltgd. Gorai-3, Borivali (West), seeks anticipatory bail in Crime No. 181/2011 registered at MHB Colony Police Station for the offence under Sections 465, 467, 468, 471, 420,454,457, 380 r/w Section 34 of IPC on the report lodged by one Jayantibhai Patel. 3. From the report lodged by Jayantibhai Patel, it appears that he is the 2 ABA-757-11.sxw owner of shop Nos. 13 and 14 in the building of the Co-op. Society constructed by MHADA. He entered into an agreement for sale of both these shops in favour of Dhanji Patel and Damji Patel and received some amount as earnest money by two cheques and some amount was remaining. Balance amount was to be received later on. According to him, there is no dispute about shop No.13 of which balance amount has been received, but as the balance amount of consideration for shop No.14 has not been paid and they had forcibly taken possession and the present applicant, who is the Secretary, had allowed the transfer of the said shop in the names of said Dhanji and Damji. 4. It may be noted that after looking to the facts of the case, this Court had granted anticipatory bail to Dhanji Patel and Damji Patel by order dated 23.8.2011 in ABA No.720/2011. This Court had noted the dispute in respect of the payment by two cheques and appropriation of that money towards the consideration of the two shops and has also noted that it is a civil dispute between the parties. It is also to be noted that the report itself was lodged about two years after the knowledge of the transfer of the shop No.14. Therefore, custodial interrogation of the applicant is not required. 5. Therefore, in the event of arrest in Crime No.181/2011, the applicant 3 ABA-757-11.sxw be released on his executing P.R. of Rs.15,000/- with one surety in the like amount with condition that he shall make himself available to the police as and when required for the purpose of interrogation and shall also produce the relevant records if required. He shall not misuse bail. (J.H.BHATIA,J.)