mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3413 of 2007 Mohan Dattatraya Katkar .. Applicant versus State of Maharashtra & ors. .. Respondent ... Mr.A.P.Mundargi i/b R.P.Sathe for the applicant. Mr.K.V.Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 20th February 2008 P.C.: 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with an offence registered against him at Juna Rajwada police station, Kolhapur under C.R. No.89 of 2007 for alleged offence punishable u/s.454, 380, r/w section 34 of the IPC. By an order of the court dated 28th November 2007, the original complainant was joined as a party to the application and notice was issued to him. The original complainant was served by a telegram dated 13th February 2008 and an affidavit of service is filed on record. The original complainant is absent though served. 3. Heard learned counsel for the applicant and learned APP for the State. According to the complainant, he is a tenant of the premises let out to him by Mrs.Shejane, sister of the applicant. As the landlady was trying to dispossess him the complainant had filed a suit which was pending in the Civil Court. Despite this, the complainant was forcibly dispossessed by the applicant and son of the landlady on 4th July 2007. The goods in the hotel were also stolen and thereby the applicant committed the offence. 4. Perusal of the FIR dated 12th July 2007 shows that the complainant had met the applicant on 24th June 2007 near Ganesh Mandir. Keys of the locks of the premises in question were taken by the applicant from the complainant at that time. The complainant lodged complaint thereof to the Police Superintendent on 25th June 2007. On 4th July 2007, the complainant was allegedly called by the applicant by making a call on his mobile phone. When the complainant went there, he noticed that the doors of the hotel were open and goods and articles were being removed and loaded in a truck. According to the complainant, dispossession and removal of the goods took place in his presence on 4th July 2007. Despite this, he did not file any FIR till 12th July 2007. The delay in lodging of the FIR is not satisfactorily explained. Furthermore, according to the complainant keys were taken from him by the applicant on 24th June 2007 itself i.e. 10 days prior to the alleged dispossession and theft. 5. The alleged offence is not punishable with death or imprisonment for life but with maximum imprisonment of 10 years. 6. Taking into consideration the delay in lodging the FIR, the facts of the case, and also the nature and gravity of the offence and also the fact that the appliant was granted interim bail by this court on 15th October 2007 which has not been abused, in my view, the applicant is entitled to a pre-arrest bail. 7. Hence, I confirm the order of interim bail granted on 15th October 2007 on the same terms and conditions. This order shall come to an end after charge-sheet is filed whereupon the applicant may apply to the appropriate court, if he so desires, for regular bail. (D.G. KARNIK, J)