* 1 * Cri.Appln-3773/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3773 OF 2010 [FOR ANTICIPATORY BAIL] 1. Shri. Nath Mal Jagnani 2. Smt. Santosh Jagnani ........ Applicant : V E R S U S : 1. State of Maharashtra ....... Respondent ********** Mr. Ruben Fernandes, Advocate for the applicant. Mrs. P.H. Kantharia, Advocate for the respondent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 27th AUGUST, 2010. P.C. :- 1. The applicant apprehends arrest in connection with the complaint filed by M/s. Varun Tex Fab Pvt. Ltd under Sections 406, 467, 468, 420, 342, 471 read with Section 34 Indian Penal Code. 2. It appears that, the applicants as Directors of M/s. Santosh Processors Pvt. Ltd had given their factory unit with the activity of dyeing, bleaching, processing and finishing works on man-made and * 2 * Cri.Appln-3773/2010 cotton fabrics, to the complainant for running for a period of two years vide agreement dated 1st September, 2009. It is alleged in the complaint filed by M/s. Varun Tex Fab Pvt.Ltd that even before the expiry of the agreement, the applicants on 31st August, 2009 took forcible possession of the unit and thereby deprived the Company of use of the premises, as also, the machineries installed by the Company in the premises. The facts alleged show that the dispute between the parties is essentially a civil dispute. Admittedly, the Company has filed civil proceedings being Regular Civil Suit No. 508 of 2009 in the court of Civil Judge Senior Division, Bhiwandi for permanent injunction to restrain the applicants from creating any third party rights over the unit as also for a mandatory order directing them to hand over possession. In that circumstance, the application is allowed. In the event of the arrest of the applicants in C.R.9 of 2009 registered with Bhiwandi Police Station, the applicants be relased on P.R. Bond of Rs.25,000/- each with one surety in the like amount. [SMT. R.P. SONDURBALDOTA, J] * 3 * Cri.Appln-3773/2010