1 2.apln1915-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1915 OF 2010 1. Ramdas Dagadu Kutwal, 2. Smt.Bebi Ramdas Kutwal, & 3. Tatya Ramdas Kutwal. ..Applicants. Vs. 1. The State of Maharashtra, & 2. Ishwarsing Virsing Thakur. ..Respondents. .... Mr.S.R. Borulkar, Advocate i/b. Mr.Vinod Wagh & Mr.Sachin Chandan, Advocates for the applicants. Mrs.A.S. Pai, A.P.P. for the State. Mr.Shivaji Lanke, Advocate for respondent No.2. .... CORAM : A.R.JOSHI, J. DATED : 28TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicants apprehending their arrest in C.R. No.73 of 2010 registered with Yawat police station, District - Pune for the offences punishable under Sections 379, 447, 427, 323, 504, 506 read with Section 34 of Indian Penal Code. 2. The facts and circumstances of the present case are of rather peculiar in nature. Respondent No.2 - orig. 2 2.apln1915-10 complainant had purchased some immovable property about 12 Gunthas, which is an agricultural land, from the present applicant No.1. Significantly enough, present applicant Nos.2 & 3 are co-purchasers of the said property along with respondent No.2/orig.complainant. Admittedly, there is no further division of the said 12 Guntha property. 3. It is the allegation by the complainant that he was given possession of the said property and he had constructed a compound along with boundaries however could not construct his house. Apparently, the sale deed is dated 22.11.2007 and according to the complainant on or about 31.3.2010 in the morning he found that his compound was removed and the compound material worth about Rs. 40,000/- was taken away by the present applicants. It is significant to note that applicant Nos.2 & 3 are the co-owners even according to the case of the complainant. 4. When the matter was before the another Bench, on 26.4.2010 interim relief was granted in favour of the applicants and directions were given to the applicants to 3 2.apln1915-10 attend the investigating Officer on 3rd, 4th and 5th May, 2010 between 11:00 a.m. to 3:00 p.m.. According to the said directions, there was attendance. However, learned A.P.P. for the State reported that the applicants have not assisted the investigation and hence the investigation cannot proceed. 5. The specific peculiar circumstance which weigh with this Court is the own case of the complainant that applicant Nos.2 & 3 are also the joint owners of the property and it was belonging to their ancestors and it was sold by applicant No.1 and admittedly there is no any further sub-division of the property so as to ear-mark any specific portion exclusively belonging to the complainant. Another circumstance is also of worth mentioning as much as the complainant had not filed any civil litigation for demarketing his individual share out of the said 12 Gunthas property jointly purchased with applicant Nos.2 & 3. Under these circumstances, present application can be allowed with following order directing the applicants to attend the concerned police station till conclusion of the investigation. In fact, such relief shall also 4 2.apln1915-10 to continue till conclusion of the investigation. Hence, the order :- :: O R D E R :: [i] Criminal Application No.1915 of 2010 for anticipatory bail is allowed. [ii] In the event of arrest of the applicants - Ramdas Dagadu Kutwal, Smt.Bebi Ramdas Kutwal, & Tatya Ramdas Kutwal in C.R. No.73 of 2010 registered with Yawat police station, District - Pune, they shall be released on bail on their executing a P.R. bond in the sum of Rs.15,000/- each (Rs.Fifteen Thousand Only) with one surety for the like amount each. [iii] In the event of arrest and availing the bail, as above, applicant Nos.1 & 3 shall attend the concerned police station once in a week on every Monday between 10:00 a.m. to 12:00 noon till conclusion of the investigation and filing of the chargesheet. Applicant No.2 shall attend the concerned police station as and 5 2.apln1915-10 when called by the Investigating Officer. The present order shall be effective till filing of the chargesheet and then the applicants shall apply for regular bail before the concerned Court. (A.R.JOSHI,J.) PPD